HomeMy WebLinkAboutbocc.min.reg.12062000 PITKIN COUNTY COMMISSIONERS
REGULAR MEETING AGENDA
WEDNESDAY, DECEMBER 6, 2000 Location: Plaza One Conference Room
2:00 PM ADDITIONS/DELETIONS TO AGENDA
CONSENT AGENDA
Minutes of November 15 Regular Meeting
Emergency Medical Services County Subsidy Funds, Hilary Smith
Approval of Federal FY 2001 Certifications and Assurances for FTA Assistance, Dan
Blankenship
Resolution Appointing RTA Director and Alternate Director, Karen Sahr
1 st Reading and Set for Public Hearing on 12/20, Ordinance Approving Relocation of River
Road Easement within the Dart Property, Dale Will
1st Reading and Set For Public Hearing on 12/20, Resolutions Adopting and Appropriating 2001 Budget
and Setting Mill Levies, Lynn Dunlop—will hand out at meeting
1st Reading and Set for Public Hearing on 12/20, Resolution Authorizing RETAC IGA, H Smith
Resolution Authorizing Applicant to Transfer Airport Restaurant's Liquor License to BOCC,PVP
Resolution Appointing Gail Schwartz to Housing Board, Karen Sahr
Resolution Authorizing Expenditure of Funds-Renewable Energy Mitigation Program, S Kanipe
CONSENT PUBLIC HEARING
I. RFTA 2001 Budget Appropriation Resolutions,Dan Blankenship
2. Confirmatory Hearing, Emergency Ordinance Re Quit Claim Deed from Ed Smart, D Will
3. 2001 Housing Budget, Mary Roberts
4. 2000 Supplement Budget Resolution, Lynn Dunlop
ADMINISTRATIVE ACTIONS
5. 1 st Reading, Set for Public Hearing on January 10, Resolution Approving Water Service
Agreement with City of Aspen, Stillwater Ranch Lot 1, Lee Novak(PN 12/9)
6. Appeal of Development Order for Little Annie Road Restoration Plan, Brian Pettet
7. Resolution, Determination of Sawmill Hill Taking Hearing, Finding A Taking, Rescinding
Resolution#92-2000,John Ely
ADMINISTRATIVE PUBLIC HEARINGS
8. 2nd Reading, Resolution Regarding Protection of Wildlife (cont.to 1/10/2001),Miles Stotts
9. 2nd Reading, Ordinance authorizing$10 million G.O. Bond Issue, (PN 11/25), T Oken
10. 2nd Reading, Approval of Airport Minimum Standards,P Van Pelt
11. Cont 2nd Reading, Ordinancee�cquisition of Flanigan Property on Smuggler Mtn, D Will
3:00 PM PUBLIC COMMENT, COMMISSIONER COMMENTS, PROCLAMATIONS
LAND USE AGENDA
CONSENT PUBLIC HEARINGS
1. Ashcroft Ski Area Master Plan Amendment(PN 6/24)(cont PH from 11/15)(cont to 1/10)
2. Montezuma Millsite Rezoning, 1st Reading(PN 6/24)(cont PH from 11/15) (cont to 1/10)
3. Code Amendment—Applicant Paepcke Development, Erickson/Duroux sub-2nd Reading
(PN 10/14) S Wolff
CONSENT ACTIONS
4. Code Amendment-FDLS, 2nd Reading, L Clarke
5. Crystal River Valley Master Plan Contract, E Sassano
LAND USE PUBLIC HEARINGS
LAND USE ACTION
6. PITKIN IRON SUBDIVISION EXEMPTION FOR A MINOR PLAT AMENDMENT-T PREGL
7. WILKINSON TAKINGS (CONT FROM 11/1)J ELY/SWOLFF
ADJOURN
APPROVED JANUARY 10,2001
MINUTES
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
REGULAR MEETING
DECEMBER 6,2000
CALL TO ORDER: Chairperson Shellic Roy called the regular meeting of the Board of
County Commissioners to order at 2:00 p.m.
COMMISSION MEMBERS PRESENT: Commissioners Shellie Roy, Dorothea
Farris, Leslie Lamont, Mick Ireland and Patti Clapper
ADDITIONS/DELETIONS TO AGENDA: Suzanne Konchan, County Manager,
asked that the following items be added to the agenda:
• Resolution Setting Airport Fees and Charges
• Resolution appointing Amy Barwick to the County Health Pool
• Resolution approving Renewable Energy Mitigation Program
Commissioner Farris moved to add these items to the agenda. Commissioner
Ireland seconded the motion. Motion passed unanimously.
Ms. Konchan requested that the budget resolution be pulled from the agenda so Lynn
Dunlop, Budget Director could discuss the proposed changes.
Commissioner Lamont asked that the Resolution appointing board members to the RTA
be pulled from the consent agenda for discussion purposes.
Debbie Quinn, Assistant County Attorney, asked that the Dart Ordinance me moved from
the Consent Agenda and added to Administrative Actions.
CONSENT AGENDA:
APPROVAL OF MINUTES OF REGULAR MEETING OF NOVEMBER 15,2000
Staff Person, Lyndee Dean, Deputy County Clerk
BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING DECEMBER 06,2000
COUNTY SUBSIDY PAYMENT DISTRIBUTION FROM COLORADO
EMERGENCY MEDICAL SERVICES SUBSIDY PROGRAM FOR COUNTIES—
MOTION TO APPROVE—Staff Person, Hilary Smith, Assistant County Manager
APPROVAL OF FEDERAL FY 2001 CERTIFICATIONS AND ASSURANCES
FOR FTA ASSISTANCE—Staff Person, Dan Blankenship, Roaring Fork Transit
Director
FIRST READING—RESOLUTION APPROVING THE
INTERGOVERNMENTAL AGREEMENT AMONG CHAFFEE COUNTY,
EAGLE COUNTY, LAKE COUNTY, PARK COUNTY,PITKIN COUNTY
EMERGENCY MEDICAL AND TRAUMA ADVISORY COUNCIL—MOTION
TO APPROVE AND SET FOR SECOND READING ON DECEMBER 20, 2000 -
Staff Person, Hilary Smith, Assistant County Manager
RESOLUTION AUTHORIZING THE TRANSFER OF THE ASPEN PTIKIN
COUNTY AIRPORT RESTAURANTS LIQUOR LICENSE TO THE BOARD OF
COUNTY COMMISSIONERS—MOTION TO APPROVE—Staff Person, Peter Van
Pelt, Airport Director
RESOLUTION APPROVING GAIL SCHWARTZ TO THE ASPEN PITKIN
COUNTY HOUSING AUTHORITY—MOTION TO APPROVE—Staff Person,
Karen Sahr, Administrative Secretary
RESOLUTION AUTHORIZING EXPENDITURES OF FUNDS GENERATED
THROUGH THE RENEWABLE ENERGY MITIGATION PROGRAM—
MOTION TO APPROVE— Staff Person, Stephen Kanipe, Chief Building Official
RESOLUTION DESIGNATING AMY BARWICK AS THE REPRESENTATIVE
TO COUNTY HEALTH POOL- MOTION TO APPROVE
FIRST READING - RESOLUTION SETTING ANNUAL AIRPORT FEES AND
CHARGES FOR 2001 MOTION TO APPROVE AND SET FOR SECOND
READING ON DECEMBER 20,2000
Commissioner Ireland moved approval of the Consent Agenda. Commissioner
Lamont seconded the motion.
CONSENT PUBLIC HEARINGS:
APPROVING ROARING FORK TRANSIT AGENCY RESOLUTION NO. 2000-
05 - SUMMARIZING REVENUES AND EXPENDITURES AND ADOPTING A
BUDGET FOR THE ROARING FORK TRANSIT AGENCY,PITKIN COUNTY,
COLORADO, FOR THE CALENDAR YEAR 2001 —MOTION TO APPROVE—
Staff Person, Dan Blankenship, Roaring Fork Transit Agency Director
BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING DECEMBER 06,2000
APPROVING ROARING FOR TRANSIT AGENCY RESOLUTION NO. 2000-06
APPORPRIATING SUMS OF MONEY FOR THE ROARING FORK TRANSIT
AGENCY,PITKIN COUNTY, COLORADO,2001 BUDGET YEAR—MOTION
TO APPROVE— Staff Person, Dan Blankenship, Roaring Fork Transit Agency Director
CONFIRMATORY PUBLIC HEARING—EMERGENY ORDINANCE
APPROVING THE ACQUISITION OF MINERAL INTERESTS IN THE B7M
AND LITTLE MAUD LODE MINING CLAIMS ON SMUGGLER MOUNTAIN
BY GIFT FROM ED SMART—MOTION TO CONFIRM - Staff Person, Dale Will,
Open Space and Trails Director
APPROVING ASPEN/PITKIN COUNTY HOUSING AUTHORITY
RESOLUTION NO. 2000-09 SUMMARIZING REVENUES AND
EXPENDITURES FOR EACH FUND AND ADOPTING A BUDGET FOR THE
ASPEN/PITKIN COUNTY HOUSING AUTHORITY PITKIN COUNTY,
COLORADO FOR THE CALENDAR YEAR 2001 —MOTION TO APPROVE—
Staff Person, Mary Roberts, Housing Authority Director
APPROVING ASPEN/PITKIN COUNTY HOUSING AUTHORITY
RESOLUTION NO. 2000-10 APPROPRIATING SUMS OF MONEY FOR THE
ROARING FORK TRANSIT AGENCY,PITKIN COUNTY, COLORADO, 2001
BUDGET YEAR—MOTION TO APPROVE—Staff Person, Mary Roberts, Housing
Authority Director
SECOND READINGAND PUBLIC HEARING—RESOLUTION PROVIDING
SUPPLEMENTAL BUDGET APPROPRIATIONS TO THE 2000 BUDGET—
MOTION TO APPROVE— Staff Person, Lynn Dunlop, Budget Director
Chairperson Harper opened the public hearing on the Roaring Fork Transit 2001 budget
adoption and appropriation resolution. There being no comment, she closed the public
hearing.
She then opened the public hearing on the confirmatory public hearing of the Emergency
Ordinance regarding a quit claim deed from Ed Smart. There being no comment, she
closed the public hearing.
She then opened the public hearing on the 2001 housing authority budget. There being
no comment, she closed the public hearing.
She then opened the public hearing on the 2001 supplemental budget resolution. There
being no comment, she closed the public hearing.
Commissioner Ireland moved approval of the Consent Public Hearing Agenda
Items. Commissioner Clapper seconded the motion. Motion passed unanimously.
ADMINISTRATIVE ACTIONS:
BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING DECEMBER 06,2000
FIRST READING—ORDINANCE AUTHORIZING RELOCATION OF LOWER
RIVER ROAD EASEMENT WITHIN THE DART PROPERTY—MOTION TO
APPROVE AND SET FOR SECOND READING ON DECEMBER 20, 2000
Debbie Quinn, Assistant County Attorney presented a revised ordinance associated with
this item. She explained that language has been added to the ordinance that the County
holds a Conservation Easement on the property owned by the Darts, and the road and trail
easements being offered by the Darts are consistent with the Conservation Easements.
Aspen Valley Land Trust, the co-grantee of the Conservation Easement, agrees that these
are uses consistent with the Conservation Easement.
Commissioner Clapper moved approval of first reading of the Ordinance and set for
second reading and public hearing on December 20,2000. Commissioner Lamont
seconded the motion. Motion passed unanimously.
FIRST READING - RESOLUTION SUMMARIZING REVENUES AND
EXPENDITURES FOR EACH FUND AND ADOPTING A BUDGET FOR
PITKIN COUNTY, COLORADO FOR THE CALENDAR YEAR 2001 —MOTION
TO APPROVE AND SET FOR SECOND READING AND PUBLIC HEARING
ON DECEMBER 20,2000
FIRST READING - RESOLUTION APPROPRIATING SUMS OF MONEY TO
THE VARIOUS FUNDS FOR THE 2001 BUDGET YEAR
FIRST READING - RESOLUTION LEVYING GENERAL PROPERTY TAXES
FOR THE YEAR 2000 TO HELP DEFRAY THE COSTS OF GOVERNMENT
FOR THE COUNTY OF PITKIN COLORADO,AND ITS SPECIAL DISTRICTS
FOR THE 2001 BUDGET YEAR
Lynn Dunlop, Budget Director, proceeded to summarize the changes to the proposed
2001 budget since first reading.
Commissioner Ireland moved approval of first reading of the Resolution
summarizing revenues and expenditures and set for second reading on December
20,2000. Commissioner Farris seconded the motion. Motion passed unanimously.
Commissioner Ireland moved approval of first reading of the Resolution
appropriating sums of money and set for second reading and public hearing on
December 20,2000. Commissioner Clapper seconded the motion. Motion passed
unanimously.
Commissioner Ireland moved approval of first reading of the Resolution levying
general property taxes and set for second reading and public hearing on December
20, 2000. Commissioner Farris seconded the motion. Motion passed unanimously.
BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING DECEMBER 06,2000
FIRST READING—ORDINANCE AMENDING BY REPEALING AND RE-
ENACTING THE MINIMUM STANDARDS AND REQUIREMENTS FOR THE
CONDUCT OF COMMERCIAL AERONAUTICAL SERVICES AND
ACTIVITIES AT THE ASPEN PITKIN COUNTY AIRPORT—SARDY FIELD
REQUIRING A COPY OF THE AMENDED MINIMUM STANDARDS TO BE
AVAILABLE FOR PUBLIC INSPECTION IN THE OFFICES OF THE PITKIN
COUNTY CLERK AND RECORDER AND THE DIRECTOR OF AVIATION
AND SETTING A PUBLIC HEARING THEREON—MOTION TO APPROVE
AND SET FOR SECOND READING ON DECEMBER 20, 2000 Peter VanPelt,
Airport Director, gave a brief presentation on this item.
Commissioner Ireland moved approval of first reading of the Ordinance and set for
second reading on December 20, 2000. Commissioner Lamont seconded the motion.
Motion passed unanimously.
RESOLUTION APPROVING DOROTHEA FARRIS, DIRECTOR,AND
SHELLIE ROY ALTERNATE DIRECTOR TO THE RURAL
TRANSPORTATION AUTHROITY(RTA)—MOTION TO APPROVE AS
AMENDED—Staff Person, Karen Sahr, Administrative Secretary
Commissioner Lamont explained that she asked that this matter be pulled from the
Consent Agenda because she thinks the Board should appoint the director other than
herself, because her term is almost up and due to the fact that the RTA is in the process of
forming a transition team, which would help come up with priorities and set policies for
the new authority at meetings on December 14`h and 2151. She recommended that the
Board appoint Commissioner Farris as Director, and Commissioner Harper as the
Alternate Director of the RTA.
Commissioner Clapper said she has no problem appointing Commissioner Farris to this
position for one year, but she would be interested in the position of director the following
year.
Commissioner Farris said that her place on the board is a natural one, since she worked
helping to campaign. Additionally, Commissioner Clapper has publicly opposed the
RTA nor the mission of the RTA.
Commissioner Clapper said she does support the mission of the RTA. She said that any
problem she had with the RTA proposal was based around her concern about the future
of rail in the valley. She further said that she has always said that she supports the need
for regional transportation and the concept of the RTA. But its been said that since she
has a difference of opinion on the open language of the RTA that she does not support it.
She reiterated that she does support it and she does support Commissioner Farris' and
Harper's efforts.
Commissioner Lamont said that Dorothea has supported it, worked on it and went to
meetings. She said she feels very strongly about things she has worked hard on and she
BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING DECEMBER 06,2000
wants to see all of that kind of effort and work continued. She recommended that
Commissioner Clapper would have to take a more active roll in RTA meetings to be a
part of the new authority's actions.
Commissioner Ireland said there will be opportunities for everyone to be involved in
the RTA's decisions in the future. He moved to appoint Commissioner Farris as
director of the RTA until the second Wednesday in 2002. Commissioner Lamont
seconded the motion. Motion passed unanimously.
FIRST READING—RESOLUTION APPROVING THE WATER SERVICE
AGREEMENT FOR STILLWATER RANCH LOT 1 BETWEEN THE CITY OF
ASPEN AND PITKIN COUNTY—MOTION TO APPROVE AND SET FOR
SECOND READING ON JANUARY 10,2001 —Lee Novak, representing the Housing
Authority, gave a brief presentation associated with this item.
Commissioner Harper moved approval of the first reading of the Resolution and set
for second reading and public hearing on January 10,2001. Commissioner Ireland
seconded the motion. Motion passed unanimously.
APPEAL OF DEVELOPMENT ORDER FOR LITTLE ANNIE ROAD
RESTORATION PLAN—MOTION TO ASSESS CHARGES— Brian Pettit proceed
with a presentation associated with this item as outlined in his memorandum to the
Board. A copy of this memorandum, with a letter dated October 27, 2000, is attached
hereto and made a part of this record as EXHIBIT "A".
Bill Kane, representing the Aspen Ski Company, said the construction crews specific to
the Sun Deck were only a portion of the summer traffic along the road. Kane presented
the commissioners with figures to represent proportionality issues of the 45,000 square
foot building. He said he feels that the Ski Company should only be responsible for 22.5
percent of the truck traffic on the hill.
Bud Eylar, County Engineer, said he estimated that the project placed hundreds of heavy
trucks on the road during construction. He said this is the equivalent of 4,000 to 5,000
small vehicle trips.
After a lengthy debate on this issue, Commissioner Harper moved that the Ski
Company be responsible for 22 percent of the damage done by the truck traffic.
After further discussion resulting in the Ski Company offering a 50/50 split,
Commissioner Harper amended her motion that the Ski Company be responsible
for$66,000 of the repair to the road. Commissioner Farris seconded the motion.
Motion passed unanimously.
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO DETERMINATION OF SAWMILL HILL TAKING
BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING DECEMBER 06,2000
HEARING,FINDING A TAKING, AND RESCINDING RESOLUTION 092-2000—
MOTION TO APPROVE—Staff Person, John Ely, County Attorney
Commissioner Farris moved approval of the Resolution. Commissioner Lamont
seconded the motion. Motion passed unanimously.
ADMINISTRATIVE PUBLIC HEARINGS:
RESOLUTION REGARDING PROTECTION OF WILDLIFE—MOTION TO
CONTINUE TO JANUARY 10,2001 —Staff Person, Miles Stotts, Landfill Manager
Commissioner Clapper moved to continue this matter to January 10,2001.
Commissioner Farris seconded the motion. Motion passed unanimously.
SECOND READING—ORDINANCE AUTHORIZING $10 MILLION GENERAL
OBLIGATIONS—MOTION TO APPROVE—Tom Oken, Administrative Services
Manager, proceeded with a presentation associated with this item as outlined in his
memorandum to the Board. A copy of this memorandum is attached hereto and made a
part of this record as EXHIBIT `B".
Chairperson Harper opened the hearing to public comment. There being no comment she
closed the public hearing and brought the matter back to the Board for action.
Commissioner Harper moved approval of the Ordinance. Commissioner Ireland
seconded the motion. Motion passed unanimously.
CONTINUED SECOND READING—ORDINANCE APPROVING
ACQUISITION OF FLANIGAN PROPERTY ON SMUGGLER MOUNTAIN—
MOTION TO APPROVE—Debbie Quinn, Assistant County Attorney, gave a
presentation on this item.
Commissioner Ireland moved approval of the Ordinance contingent upon Open
Space and Trails Director Dale Will and Tom Oken signing off on the final form of
the documents. Commissioner Lamont seconded the motion.
Chairperson Harper opened the hearing to public comment. There being no
comment, she closed the public hearing and called the question. Motion passed
unanimously.
PUBLIC COMMENT: Bill Brinworth said not long ago, he confronted an issue with
the CEO of the hospital regarding a housing mitigation credit issue. When he found out
that there was the potential that the CEO residence was going to be sold to Randy
Middlebrook he went to him with the information that we had these 3.5 housing
mitigation credits for the house that he was pretty sure that he was unaware of it and
knew that their Board of Directors was unaware of. He said he was concerned that these
3.5 credits, which are the part of the surplus that they have, might be something that they
BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING DECEMBER 06,2000
would loose if this house was sold to Mr. Middlebrook. He said his point was to make
Mr. Middlebrook aware of this so he could in turn make the board of directors aware of it
so they could weigh this in with all the other information and make a decision on where
to proceed with this. He said it ultimately appears that Mr. Middlebrook never took that
information to their board and when he brought it up in a board meeting, basically the
answer was that the Board of County Commissioners never brought it up in our two
public meetings and it is no issue to them nor risk to them they were going to loose these
credits.
Commissioner Ireland directed Cindy Houben to discuss this with the county attorney
and prepare an analysis so that the board can consider the point.
Sam Houston, a resident of Aspen, said he has been studying the Airport Minimum
Standards and he has some very major concerns about the standards. He said the
standards seems to be going in the direction of not doing a second FBO on parcel 2 due
The fact that patio shelters are being contemplated.
Commissioner Lamont told Mr. Houston that she has been involved in the airport layout
plan and involved in parcel 1 and parcel 2 for a long time and she is having a hard time
following him. She suggested that the more appropriate time to bring this to the Board
on December 20`h. Additionally, the county has started a review process for the patio
shelters and that would be the more appropriate time to talk to the board and the P&Z
about these shelters and the space constraints that those may bring up.
COMMISSIONER COMMENTS: Chairperson Harper outlined the process for the
selection of the new county manager. She said there are staff persons and members of
the public involved in the interviewing process, but the final decision will be made by the
BOCC.
Commissioner Harper left the meeting for a short period of time.
LAND USE AGENDA:
CONSENT PUBLIC HEARINGS:
ASHCROFT SKI AREA MASTER PLAN AMENDMENT—MOTION TO
CONTINUE TO JANUARY 10,2001
MONTEZUMA MILLSITE REZONING—MOTION TO CONTINUE TO
JANUARY 10, 2001
SECOND READING - ORDINANCE AMENDING SECTION 3-80-50,
GEOLOGIC HAZARD AREAS OF THE PITKIN COUNTY LAND USE CODE—
MOTION TO APPROVE—APPLICANT PAEPCKE DEVELOPMENT, LLC Staff
Person, Suzanne Wolff, Senior Planner
BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING DECEMBER 06,2000
Commissioner Ireland opened these hearings to public comment. There being no
comment, he closed the public hearing and brought the matter back to the Board
for action. He then moved approval of the consent public hearing portion of the
agenda. Commissioner Lamont seconded the motion. Motion passed unanimously.
CONSENT ACTIONS:
SECOND READING—ORDINANCE ADOPTING AMENDMENTS TO THE
PITKIN COUNTY LAND USE CODE SECTION 3-190-040,FULLY
DEVELOPED LAND SUBDIVISIONS—MOTION TO APPROVE
INDEPENDENT CONTRACT AGREEMENT WITH OTAK—ROCK CREEK
STUDIO FOR CRYSTAL RIVER VALLEY MASTER PLAN PROJECT—
MOTION TO APPROVE—Staff Person, Ellen Sassano, Senior Long Range Planner
Commissioner Farris moved approval of the Consent Action Agenda with a
comment that she wants to be involved with the Crystal River Valley Mater Plan
Project every step of the way. Commissioner Lamont seconded the motion. Motion
passed unanimously.
Commissioner Harper re-entered the meeting.
LAND USE PUBLIC HEARINGS—NONE
LAND USE ACTIONS:
FIRST AND FINAL READING —RESOLUTION GRANTING APPROVAL TO
THE PITKIN IRON RIVER RANCH PUD SUBDIVISION FOR A SUBDIVISION
EXEMPTION FOR A MINOR PLAT AMENDMENT- MOTION TO APPROVE—
Applicant/Owner Tim Semrau S&S Development
Tamara Pregl, Staff Planner, proceeded with her presentation associated with this item as
outlined in her memorandum to the Board. A copy of this memorandum is attached
hereto and made a part of this record as EXHIBIT "C".
Tim Semrau, stated that they have not been able to reach an agreement with the ditch
owners. He said all he is asking that the ditch be left where it is and modify the building
envelopes to accommodate that. He said at this point in time there is 80 feet of culvert
and their intention is to replace this existing culvert with 80 feet of new culvert; no
intention to culvert the entire ditch unless the county engineer requests it. Additionally,
they are requesting a name change from River Ranch to River Woods. With respect to
the gate they have experienced a lot of people ignoring their signs and set up camps on
the property.
Commissioner Lamont directed staff to state in the resolution specifically what the
building envelopes are to accommodate. She would not want somebody not reading all
BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING DECEMBER 06,2000
the fine print on everything who would be buying parcel c under the impression that they
could build a house that straddles the ditch.
Mr. Semaru explained that there is a 10-foot ditch easement that they will be granting for
maintenance along the ditch, which would preclude that.
It was agreed that the resolution should clarify this issue.
Chairperson Roy said in reading the letter from Jim Collins, it looks like the applicants
had not tried to negotiate with him. A copy of Mr. Collins' letter is contained in the
above referenced Exhibit"C".
Mr. Semmau said they had received a letter from the ditch owner's lawyer saying that they
had reviewed the ditch relocation agreement and recommend that it be executed.
However, they tried to execute the agreement in the summer and couldn't get a hold of
the lawyer or others to execute it. And finally, when he did get a hold of Mr. Collins last
July, he said he was not interested in signing anything that would benefit the project.
Therefore,that is why the proposed a plat amendment.
Debbie Quinn, Assistant County Attorney, said the first round of this when they were
trying to negotiate what would be acceptable to the ditch owners, Pitkin County was, and
still is, one of the ditch owners. And we were in that loop and had a number of
communications about what�he plans were. To her knowledge, the county did not
receive anything in connection with the November 22 letter from Jim Collins, as a ditch
owner.
David Eisinstein, Attorney for the applicant, showed the board a voluminous file for
negotiation of the ditch and all the correspondence back and forth between him and
Kevin Patrick. In July of last year, Kevin sent him a draft proposal, he sent it back to him
and they went back and forth and by March, they had thought they had reached an
agreement and that is what that letter represents. Additionally, their engineer reviewed
the plan; they re-did the plans for relocating the ditch. So they made every effort and
expended considerable sums of money and unfortunately, either there was a breakdown
in communication or the other side or what? But when they thought they had gotten to
the point where something was able to be signed and agree to, it turned out it wasn't.
Commissioner Clapper said that she thinks the scale the nature of the gate is
inappropriate. She would like to see it more like a ranch gate not more like a gated entry
to the property.
Chairperson Roy called for a motion to approve the Pitkin Iron Subdivision Exemption
for a minor plat amendment.
Commissioner Ireland moved approval of the application subject to the public being
able to comment. Additionally, he would like further discussion on the proposed
gate. Commissioner Lamont seconded the motion.
BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING DECEMBER 06,2000
Commissioner Lamont referred to the letter from Mr. Collins. She said there are a couple
of things brought up in this letter that would apply to a building envelope straddling the
ditch. She questioned if there was a legal premise for some of these issues that he has
brought up in his letter and the Board's consideration of a split building envelope? She
said the specific language is "the ditch cannot be culverted or bridged, either of
which affect access and flow,without permission of the ditch owners.
Debbie Quinn responded that she has reviewed this with the County's outside water
attorney, and they have addressed this issue in several conditions of approval mainly
number four. She suggested that Condition No. four be amended to include the language
"within the ditch easement".
Commissioner Lamont clarified that as a property owner, the property owner can take
reasonable measures to utilize the land surrounding the ditch, as long as the flow of the
ditch is not impeded and the access to maintenance to the ditch is not impeded. So by
splitting the building envelopes even though there appears to be an objection raise to this
in Mr. Collins November 22Id letter, as long as the flow and access is not impeded, this
property owner can do what they want?
Mr. Quinn said this is correct.
Mr. Eisenstein said they and Pitkin County own as much water rights in the ditch as
anyone else. He said they are respecting the ditch, but they are also trying to create
envelopes that are workable around the ditch.
Chairperson Roy asked opened the discussion up for public comment.
Michael Owsley, Chairman of the Woody Creek Caucus, proceeded with his comments
associated with this matter as contained in his letter to the planning office dated
November 24, 2000. A copy of this letter is in the above referenced Exhibit"C".
Barbara Omitz, a resident of Woody Creek, cautioned the commissioners to be careful
when they put building envelopes on either side of access for maintenance of a ditch.
She said the caucus keeps trying to take the position of protecting access to these ditches
and protecting the agricultural lands that are on either side of it. She said splitting
building envelopes is a very bad precedent unless you are also going to design in design
features for maintenance and this is one of the concerns the ditch owners have. She said
she thinks we should give reasonable time; a cutoff for negotiation to deal with this
because the access is such a crucial problem for ditches owners and maintenance. She
urged the board to direct the ditch owners to continue their negotiations.
Debbie Quinn pointed out that Condition No. 7 does require that before any building
permit issued that we do get an engineering study satisfactory to the county engineer that
shows that the development on the lot won't adversely affect the flow or maintenance of
the ditch.
BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING DECEMBER 06,2000
Commissioner Farris said that given the fact that there has been an attempt to negotiate
with the owners and there has been no signing can we approve the minor plat amendment
with the building envelope on both sides of the ditch contingent upon 30 days of trying to
reach resolution. Then if the ditch can be moved as originally approved, we go back to
Plan A.
Debbie Quinn said that is possible.
Mr. Semrau said the answer is no because there is an existing pave road where the ditch
was originally to be placed.
Barbara Omitz requested that there be a very good definition what is going to go in this
building envelope as per the conditions. Because when we first talked about it, we
weren't dealing with split building envelopes. Secondly, the gate was represented to
them as being a very in-keeping with the character of the community development and
we spent a lot of time negotiating this. And we were never advised, as a matter of fact
they said we said we don't want another gated community. Public access is extremely
important and she wondered if there could be a temporary gate put in place until the
community development has taken place and the houses are there?
Mr. Samrau said the reason why the ditch owners have access is in the eventuality the
people live there don't maintain the ditch. The homeowners association is set up to
maintain the ditch. And they propose a 30 foot easement instead of the minimum of 20,
to make sure there is enough room to get in there for maintenance in the case that these
homeowners don't allow the flow. So he thinks they have gone to the goal line to further
insure that the ditch will remain as it is in flow. Secondly, he does not remember the
caucus really being adamant about the gate; he does not remember anybody saying
anything about the gate. If everybody is really obsessed in this representing a gated
community, they will let it go. It doesn't matter to them.
David Eisenstein said it is their understanding that the historic method of maintaining this
ditch is once a year it is burned. He stated that the homeowners association will take on
the responsibility for keeping the ditch maintained within the boundaries of the property.
And if it is not done to the satisfaction of the other ditch owners, they can come onto the
land and exercise their maintenance rights. He said the point is it is a small little ditch.
Mr. Collins' letter suggested they had a 20-foot easement and Tim has now suggested
that he will give them a 30-foot easement. So they have never brought in big machinery
there and they shouldn't need to.
Mr. Semrau clarified that every few years they bring in a little backhoe to clean out the
ditch so 30 feet is more than is needed.
Bill Dector said that there is a follow-up to the letter that Mr. Eisenstein referred to from
the Kevin Patrick. He said the agreement was not satisfactory because it left a couple of
major issues out of it. He said he believes Kevin Patrick contacted him and an
BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING DECEMBER 06,2000
appointment was set up to come out and do an inspection. However, that never took
place. And he called on the day he was leaving town on a three-week trip and since then
they have traded calls that haven't been in contact. And this notice that they were going
to leave the ditch where it is came about. He said he thinks there needs to be an
agreement before this takes place. He said his concern as a down stream water owner; he
wants to make sure that the water flow is maintained. He said there is a fork in the
existing ditch and he would like a guarantee that continues to flow through there. He said
there was nothing in the agreement to insure that the water would flow at the fork.
Secondly that when it comes into his property it would maintain a certain speed and
volume of water. He said those are the two issues that were left out.
Commissioner Ireland said the relocation is mute. We have as a condition of approval of
the land use, the guarantee that the water flow will be maintained and that access will be
allowed and there will be a 30-foot easement. He said we have the ability to enforce that,
as do the ditch owners. He said he has not heard anything about approving this motion
that impairs the water rights of down valley. We the county is indemnified should this
development impede the flow, so that the homeowners would have to pay us to enforce
this essentially, because we can exercise our rights as can the ditch owners. He is not
arguing that maybe there could have been a better settlement agreement. But we are not
here to review who made the last phone calls and how many phone calls were made. The
question is can we guarantee you your rights in the ditch and in so far that an agreement
can do that, this agreement appears to do it. With respect to the neighbors objection of
the gate he said he has to agree with that because he thinks the issue was raised that we
were not going to do gates. And if people are parking on the property during
construction or camping on the river and they need to do a gate, he does have a problem
with that. But we don't need to finish up with the sequel of Hogan's Heroes and he is
agreeing not to do that and he thinks we should proceed.
Commissioner Ireland asked Mr. Guthrie if there is anything in the motion that is
proposed and on the table, that impairs your rights as a water owner,to see that the water
goes through that fork and access to repair and maintain that ditch?
Mr. Guthrie said he has not seen the agreement so he does not know. But he has the right
to ask how they are going to get across the ditch with their groceries? He said he is not
opposed to the agreement, but the agreement needs to be in writing before he says yes to
all of it.
Barbara Ornitz reiterated that she would like to see something about what the building
envelopes can contain and cannot contain in terms of access or impact that would impair
access.
Commissioner Ireland clarified that there is a condition that requires that any
development there be assessed to see whether it has an engineering impact on the edge of
the ditch. So he does not see why they have to describe exactly what they are going to
building along as A it's within code, and B, they have to assure us that whatever they
BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING DECEMBER 06,2000
build must not impair the ditch and it has to be the engineer's satisfaction that it does not
impair the ditch.
Jim Collins said as far as he is concerned, until the agreement is delivered, the risks are
too great. He proceeded with his comments associated with this matter as per his letter
contained in the above referenced Exhibit"C".
Commissioner Lamont referred to Condition No. 4 in the resolution,which says
culverting of ditch in appropriate acceptable areas shall not change the flow of the
water through the ditch. And the amended language,which says access and
maintenance of the ditch,within the ditch easement, by the ditch owner, shall not be
prevented or limited.
Condition No. 7 says prior to issuance of any building permit for any of the River
Woods lots, the owner shall submit to the county engineer,for his reasonable
approval, a water engineering study and report indicating that the development
proposed for the lot will not adversely affect the flow or maintenance of Walton
Ditch.
Condition No. 8—Prior to the issuance of any building permit for any of the River
Woods lots, the protective covenants for River Woods shall be amended to include a
provision satisfactory to the county attorney that indemnifies and holds the county
harmless for any claims from Walthon Ditch owners other than the county, the
developer or its successors, relating to the development of the River Woods lots.
She said it is too bad that the relocation proposal was floated. It was suggested that
everybody, including the County, go out there and try and work it out, and it didn't work.
But for whatever reason, a negotiation didn't work. And we are back to leaving the ditch
where it is, doing what is reasonable to the ditch which any property owner can do to
their ditch. And what the applicant is proposing, is to work with the situation where the
ditch is currently located and to provide driveways and culverts where it is necessary.
And we have three conditions of approval to that effect.
Commissioner Lamont suggested two additional conditions of approval as follows:
1. That a 30-foot easement shall be shown on the plat.
2. That the gate shall be removed.
She said the more we hold up this applicant in being able to build and sell these free
market parcels, the next time we want anybody to come in and do a public/private
partnership and do a free-market and affordable housing project,we are not going
to get our affordable housing up-front and they would be hesitant to come through
the process. She reiterated that flow and maintenance are to be addressed in the
resolution. And prior to any issuance of building permits there are two conditions
that talk about plans and guarantees to make sure that the flow and the
maintenance of this ditch is maintained.
BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING DECEMBER 06,2000
Ms. Pregl added an additional condition that River Ranch is going to be changed to
River Woods.
Commissioner Ireland accepted these amendments to his motion.
Chairperson Roy called the question. Motion passed unanimously.
WILKINSON TAKINGS:
Chuck Brandt, Attorney for, Talasi and Jaya Wilkinson, said that approximately three
months ago he came before the Board and advised them that his clients did not want to
proceed with the takings issue, but rather, try to work out something with regard to
possibly some public monies that might be available for the acquisition of those parcels.
Two weeks ago Mayor Richards suggested that they meet with the Open Space and Trails
Board and start a dialogue. Monday of this week they met with Dale Will, Open Space
Director and Jeff Woods, with the City Parks Department. The sole purpose of that
meeting was to express the interest that Talasi and Jyia have in starting negotiations in a
serious way with respect to the three claims (Della S, Contraban and Result). He said it
was an encouraging meeting because he thinks there was a common interest there. Dale
said he would take it back to the Open Space and Trails Board. They understand that
there will be a work session coming up between the Board of County Commissioners and
City Council next week to begin to talk about Smuggler Mountain and the partnering that
the elected officials wish to do in moving ahead of some of the properties up there that
make sense.
In the mix of that discussion this week was some of the concepts that Talasi presented a
few months again i.e. what if it's not a pure open space acquisition, what if there were a
couple of small 1200 or 1400 square foot homes as a compromise for a little visibility,
etc., as part of the negotiation. He said everything is on the table. They simply wanted to
make the point that they want to move ahead with the dialogue and that he represents
most willing sellers and hopefully, this matter can be moved along quicker than slower.
He asked that this matter be tabled pending these discussions. They don't want to force a
taking, they want to keep their options and perhaps the Board's options open. Therefore,
he would suggest that they come back in two or three months to see where the
negotiations are at that time.
Commissioner Clapper moved to continue this matter to March 28,2001.
Commissioner Lamont seconded the motion. Motion passed unanimously.
Commissioner Clapper moved to adjourn the meeting at 7:00 p.m. Commissioner
Harper seconded the motion. Motion passed unanimously.
ADJOURNMENT: The meeting was adjourned at 7:00 p.m.
BOARD OF COUNTY COMMISSIONERS 15 REGULAR MEETING DECEMBER 06,2000
Re ectfully subm' e ,
J anette Jones
lerk to the Bo d of County Commissioners
Shellie Roy Harper, Chairperson
Board of County Commissioners
Pcj mj\ww\g\minutes\2000\12062000
BOARD OF COUNTY COMMISSIONERS 16 REGULAR MEETING DECEMBER 06,2000
EX IBIT
� z
AGENDA ITEM SUMMARY 3 —
WORK SESSION DATE: December 6. 2000
AGENDA ITEM TITLE: ASC Appeal of Castle Creek Road Work
STAFF RESPONSIBLE: Brian Pettet
DESCRIPTION OF ISSUE:
The Aspen Skiing Company has appealed the need for asphalt repair to Castle Creek Road, see attached
letter. This summary will provide additional information supporting the need for the Aspen Skiing
Company to follow through with their obligation to provide rehabilitation to Castle Creek Road as a result
of the construction of the Sundeck Project in 1999.
THE PROBLEM
Before considering the reasons why the Aspen Skiing Company should rehabilitate Castle Creek Road it is
helpful to understand the fundamental conflict. The problem in this case is that there is no objective or
quantitative data in regard to Castle Creek Road and the impact the ASC has had on the road through the
sundeck construction. Initially, there was no engineering analysis or non-destructive testing to the sub-
grade or substructure of Castle Creek Road. This data would have provided a baseline to determ ne in the
future structural fatigue or stresses related to heavy vehicular traffic. Without this information both entities
are arguing their side based on estimations, assumptions, biased opinions and anecdotes.
It should be understood that this situation exists because of the lateness of the development submission and
ASC need to start in order for the sundeck to be constructed on time. The decision at that time was made to
allow the ASC to begin sundeck construction with the understanding that they would operate in good faith
and would remediate construction impacts to county assets. If adequate time would have been allowed,
County Staff would have certainly put more objective controls in place and would have insisted on
obtaining structural baseline data of Castle Creek Road before any construction activity started. Due to the
desire of the BOCC to assist the ASC in meeting project deadlines, while considering the greater good for
the community, the County allowed this project to start prematurely without adequate engineering analysis
of Castle Creek Road and this is the fundamental problem.
STAFF'S SOLUTION
Staff has requested the ASC provide a S 132.000 chip and seal maintenance application to Castle Creek
Road. In the 25-year rehabilitation plan.Castle Creek Road has been scheduled for a capital repair in the
year 2014. This has been budgeted at$2,000,000. The proposed ASC rehabilitation is a recommendation
from Staff based on the impacts the ASC has had on Castle Creek Road. This rehabilitation effort has not
been part of the County's programmed capital repairs and represents just over 6 percent of the total cost for
a capital replacement.
This chip and seal application will extend the life of the asphalt for 3 -4 years. The County Engineer
estimates that the ASC sundeck project placed hundreds of fully loaded tandem axle, tractor-trailers and
cement trucks on Castle Creek Road. Each loaded truck can weigh the equivalent of 4000-5000 small
vehicle trips on Castle Creek Road. The result of these vehicle trips added many years worth of impact to
Castle Creek Road. It does not seem unreasonable for the ASC to assume the cost of maintenance to make
up for their additional impacts placed on Castle Creek Road.
7tElIT
-- ?GCrO
iJ�ik1 1 �QQU -
October 27, 2000
Pitkin County Board of County Commissioners
530 East Main Street
Aspen, CO 81611
Re: Appeal of Development Order for the Little Annie Road Restoration Plan
Dear Ladies and Gentlemen:
Aspen Skiing Company (ASC) has reviewed the attached letter of August 17, 2000 from the
Deputy Director of Public Works outlining the rationale for the requested asphalt repair work on
Castle Creek Road. For the reasons outlined below, and pursuant to Section 3-300 of the Pitkin
County Land Use Code, we respectfully request a hearing before the Board of County
Commissioners to appeal the cost assessment to ASC for the asphalt repair of Castle Creek
Road as described in Brain Pettet's memorandum of July 11, 2000.
When ASC received approval of the Aspen Mountain Master Plan in September of 1998, the
roads serving Aspen Mountain were deemed "acceptable for construction traffic and no major
improvements were anticipated". Much has transpired since then. As you know, the eventual
approval of Aspen Mountain Construction Management Plan (AMCMP) formalized the
management and mitigation of construction traffic on Aspen Mountain. In addition to the 32-page
document, we were required to restore to "pre-construction activity condition", the roads used to
access the construction site. A performance bond was provided to ensure the restoration of these
roads. The intent for the inclusion of Castle Creek Road, by our interpretation, was to protect the
County from damages to the road except of course, for normal use and third party actions.
The required restoration work was reviewed administratively and a detailed 21-page plan was
submitted to the Public Works Department for review and approval. The Little Annie Road
Restoration Plan was distributed to several referral agencies and input from concerned parties
was gathered at a public meeting. The process resulted in approval of the Plan with modifications
as outlined in Brain Pettet's memorandum of July 11, 2000.
During the approval and construction of the restaurant, few concerns were addressed in regard to
the condition and use of Castle Creek Road. Consequently, few restrictions and mitigation
measures for that road were incorporated into the approved documents. The focus of mitigation
and restoration was always on Little Annie Road. Specifically, ASC was obligated to and has
completed the following restoration work along the 3.8-mile length of Little Annie Road:
A. Weed Control. Manual and approved chemical weed control was performed this past
summer as well as the summer of 1999 resulting in a significant decrease in the profusion
of noxious weeds.
B. Road drainage. Significant work was performed to restore the proper flow of water
through ditches on the uphill sides of the road. In one area, the road drainage ditch was
relocated completely, narrowing the road to the specified fifteen feet width. Crossing
culverts were located and cleared of years of accumulated debris. Rcllirc dips, based on
forest service specifications, were constructed at areas and driveways Gnat shed water
Post Once Box 1248 -_Aspen, CO 81612
970.925.1220
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--— October 30,2000
onto the road. There is no question that at least some of these problems existed before
construction of the Sundeck.
C. Road reclamation. Two areas of the road were graded to create a smoother road
surface and to out-slope to the road to an outside shoulder. Excess road material from
this work was exported.
At lower sections of the road, piles of road material debris accumulated through years of
plowing by the County were removed and reclaimed.
At upper sections of the road, gravel deposited over the edges was removed or
reclaimed.
D. Revegetation and tree repair. All disturbed areas were revegetated with native seed mix
approved by the County. Many areas required weed free imported topsoil. Historically
wide sections of the road, corner banks, construction widened sections, and even an old
abandoned road cut, all were revegetated to reclaim the road back to an approved width.
Three trees were replaced at a corner lot in the Lime Creek Subdivision. Damaged trees
were treated and protected.
In our opinion, this work represents a significant reclamation of a long neglected road. We have
received notice from the Deputy Director of Public Works that, with the exception of ongoing weed
control, that the work on Little Annie Road has been completed in an acceptable manner.
Currently, to the best of our knowledge, all conditions of approval for the AMCMP and the Little
Annie Road Restoration Plan have been satisfied with the exception of the proposed cost
allocation for asphalt repair of Castle Creek Road.
It is our understanding that the County has scheduled a chip and seal and slurry application for
the entire length of Castle Creek Road from the round about to Little Annie Road in the summer of
2001. The work will be completed as part of the County's construction contract for that year and is
estimated to cost approximately $132,000.00. The Public Works Department is proposing that
100 percent of this cost be paid by ASC.
ASC formally appeals this decision for the following reasons:
1. In principle, performance bonds are provided as "guaranties", not budgets for general use
in County road projects.
2. ASC disclosed in the AMCMP the anticipated number of construction vehicle trips for the
project. We were not advised of the interpretation or any cost of construction traffic using
Castle Creek Road prior to construction of the project. The $132,000.00 is a significant
'fine" of which we received no advance notice. This could have dramatically affected the
priorities established in the construction management plan.
3. The Sundeck Restaurant represents only a fraction of the construction activity using
Castle Creek Road during the summer and fall of 1999. Our construction project required
the use of Summer Road and included use of the Gondola passenger cabins and work
carts, shuttle vehicles and snowcats for access. We estimate that less than 52 percent of
the total construction vehicle usage accessed the project via Castle Creek Road. We will
present a list of building permits issued at that time for new residential construction above
Little Annie Road and can demonstrate that the cumulative activity of these other projects
is greater than that of the Sundeck and yet we are being assessed one hundred percent
of the road work costs. We are not aware of any construction management plans required
for these building activities.
-3- October 27, 2000
4. Based on a public hearing and direction from the Public Works Department, ASC has
met, to the satisfaction of the Road and Bridge Department, all of the obligations for
restoration of Little Annie Road.
5. To date ASC has spent over $400,000.00 to execute the approved construction
management plan. These costs include temporary on site housing to reduce traffic, dust
control, monitoring and control of construction traffic, use of the Gondola and purchase of
the work carts specifically for this project, Rio Grand parking passes, road maintenance,
and reclamation work. We argue that such comprehensive mitigation measures exceed
the standard of most all construction projects in the County. We have paid our fair share
to mitigate this project.
6. For the County to use general assumptions of truck trips and loading for a one hundred
percent assessment, without accurate information or specific evidence of road damage,
leads ASC to conclude that this is an arbitrary and punitive action, imposed by the County
staff against a project that staff has opposed beyond the reaches of fairness and the legal
process. We feel this is an abuse of administrative authority by the staff and should not be
sustained by the BOCC.
7. Finally, ASC is not opposed to paying a fair share to improve Castle Creek Road. One
hundred percent is not fair and is not proportional to the impact created. Imposition of this
fine will be interpreted by our management team and ownership for what it is, a highly
focused, capricious, punitive action against Aspen Skiing Company.
We request time to present our case on this matter before the Board of County Commissioners to
appeal the administrative decision of the staff.
Respectfully,
Bill Kane
Vice President, Planning and Development
Aspen Skiing Company
cc: Cindy Houben Pitkin County Community Development, Brian Pettet Pitkin County Public
Works, Eric Calderon ASC, David Bellack ASC, Gen Van Moorsel ASC, Pat O'Donnell
ASC
HIBIT
Agenda Item Summary mow
Meeting Agenda Date: December 6, 2000
Agenda Item Titles: Ordinance Authorizing $10 million General Obligation
Bond Issue
Staff Responsible for Item: Tom Oken
Description of Issue: For the first time we will be selling bonds at a competitive
sale via the internet using the municipal bond auction $ite www.muniauction.com. The
sale is scheduled for Tuesday, December 5`h, from 9:00 to 9:30 a.m. Bidders (broker-
dealers and investment banks) will be bidding interest rates for each maturity of the bonds
and the overall price that they will pay for the bond issue (not less than 59,960,000). The
winning bid will be determined by converting each bid into its true interest cost (the
overall interest rate on the bonds) and awarding the bonds to the lowest cost bidder. I
will bring the winning bid to your meeting for confirmation by adoption of the bond
ordinance on second reading. (I have not attached the 22-page ordinance, which was
published in full in the newspaper and has not changed since first reading except for
completion of the winning bid amounts.) Although we are purchasing bond insurance
from AMBAC to increase the bond rating to Aaa, Moody's Investors Service has also
upgraded our underlying bond rating to Al from A2 (see attachment).
The majority of the proceeds of this bond issue (approximately $8,685,000) will be used
to reimburse the Open Space and Trails fund for acquisitions and projects completed
since November of last year, when the program was reauthorized by the voters and
included authorization for the issuance of up to $12 million in general obligation debt.
The program also has approximately $6 million of debt authorization remaining from its
initial authorization in 1990, so after issuing this debt there will be approximately
$8,960,000 unused debt authorization remaining for open space.
The remaining proceeds from the bond issue will be used to pay costs of issuing the
bonds (approximately 5135,000) and to refund at lower interest rates 1992 general
obligation bonds issued for affordable housing (using approximately $1,180,000). The
refunding will save at least $116,000 in debt service over the next twelve years, and the
present value of these savings is approximately $85,000.
A statutory debt limitation provides that the total principal amount of general obligation
debt issued by the County is limited to 3% of the County's assessed valuation. The
County's current debt limit is $41,915,912 based upon a preliminary assessed valuation
of$1,397.197,070. After issuance of these bonds, the County will be $23,325,912 below
its debt limit.
Recommendation: Allow me to present the winning bid for the bonds, then
conduct the public hearing and approve the ordinance on second reading.
EXHIBIT
MEMORANDUM /l
TO: Pitkin County Board of County Commissioners
Regular Meeting—December 6, 2000
THRU: Cindy Houben, Community Development Director
FROM: Tamara Pregl, Planner*
RE: Pitkin Iron/River Ranch PUD Subdivision Exemption for a Minor Plat Amendment
SUMMARY OF REQUEST: The Applicant is requesting approval of a subdivision exemption to modify the
building envelopes approved on the free-market portion (River Ranch) of the Pitkin Iron/River Ranch
Subdivision/PUD because of the inability to relocate the Walthen Ditch. In addition, the Applicant has
modified the bam envelope for the purpose of construction of a ranch gate entrance.
APPLICANT/OWNER: Tim Semrau; S&S Development
LOCATION: The River Ranch portion of the Pitkin Iron/River Ranch Subdivision/PUD is located along
Upper River Road approximately '/ mile downstream from the point where Woody Creek empties into the
Roaring Fork River.
BACKGROUND: Final Plat approval was granted to the Pitkin Iron/River Ranch PUD Subdivision on Augus
11,2000 by the BOCC pursuant to Resolution No.99-I45 - Final Plat, entitled Pitkin Iron/River
Ranch PUD. was recorded on March 22, 2000, at Plat Book 52, Page 83, Reception Number d-t 1571.
PROCEDURE: Generally, the Community Development Director reviews a Subdivision Exemption for a
Minor Plat Amendment request administratively. However, it has been the Community Development
Department's policy that if there is any known neighbor opposition to a development application, that the
application is automatically forwarded to the Board of County Commissioners for ruling. Staff did receive a
letter of opposition which has been attached to this memorandum. Since Subdivision Exemptions for a Minor
Plat Amendment are not public hearings, a public notice was not sent out to the adjacent neighbors or placed in
the Aspen Times, however, staff has notified the ditch owner representative of the date of this meeting.
PROPOSED PROJECT: Attached to this memorandum is a copy of the site plan that was preserted to the
BOCC throughout the subdivision approval process in 1999. Since the Applicant is unable to reach an
agreement with the ditch owners to relocate the ditch along the north property lines of the freemarket lots,the
Applicant is proposing to reconfigure the building envelopes to accommodate the present location of the ditch.
The Applicant is also proposing to relocate the wells and septic systems accordingly in order to comply with
required well and septic system setbacks. The Applicant is propaiing to split the building envelopes for Lots A,
B, & D. The Applicant is proposing to construct garages and CDUs for these three lots within the portion of the
building envelope north of the ditch and to construct the main residences within the portion d'the building
envelope south of the ditch.
REFERRAL COMMENTS: Referral agency comments are incorporated throughout this memorandum, and
are attached for reference.
ANALYSIS OF PROPOSAL
Pitkin Iron/River Ranch PUD Minor Plat Amendment
December 6,2000
Page 2
MINOR PLAT AMENDMENT: A subdivision exemption for a minor plat amendment may be permitted
subject to compliance with the standards in Section 3-190-080 of the Land Use Code.
A. The amendment must not change the use of the proposed development between residential,
commercial, and tourist accommodation uses.
Response: The amendment will not change the use of the proposed development. The Applicant is not
requesting a change in use.
B. The amendment must be consistent with action taken during the review of the original development
and does not constitute a new land development activity.
Response: Staff is of the opinion that the proposed amendment does not constitute a new land development
activity and is consistent with action taken during the review of the original development. It was understood
during the subdivision review process that the Applicant would obtain an agreement with the ditch owners in
order to locate the ditch as represented in the attached site plan. However, since no resolution could be
reached between the Applicant and the ditch owners, the Applicant is requesting an amendment to the Final
Plat to work around the present location of the ditch. Condition No. 15 of Resolution No. 99-145 (attached)
outlines the BOCC approval with respect to the ditch relocation.
C. The proposed activity does not:
1. Change the basic character of the approved use of land on which the activity occurs
including basic visual appearance and method of operation;
2. Increase off-site impacts in the surrounding neighborhood;
3. Endanger the public health, safety or welfare;
4. Violate any Land Use Code Standard;
5. Substantially increase the need for on-site parking or utilities, or affect affordable
housinggeneration; and
6. Increase the floor area of the use by more than two (2)percent or decrease the open
space on the site by more than three (3)percent.
Response: It is staffs opinion that the proposed activity does not change the basic character of the approved
use of land nor does it endanger public health, safety or welfare. In addition,the proposed activity does not
increase the need for parking, utilities or affordable housing generation, nor does it increase floor area or
decrease open space.
Pursuant to section 3-70-070, with respect to Irrigation Ditches, the following standards shall be complied
with:
A. Access: Grant access to irrigation ditches to ditch owners and to the public if a ditch is to be or
is part of the Pitkin County Trials System
B. Building Locations: Construct buildings uphill of irrigation ditches unless a ditch is culverted.
C. Flood Irrigation: Design land uses to avoid flooding problems from flood irrigation.
Pitkin Iron/River Ranch PUD Minor Plat Amendment
December 6, 2000
Page 3
D. Basements and Soil Absorption Sewage Disposal Systems: Place basements and soil absorption
sewage disposal systems in location where they will not be impacted by food irrigation or
seepage from irrigation ditches.
The proposed amendment to the final plat will not prevent maintenance and access to the ditch by the ditch
owners. According to the Applicant, there are portions of the existing ditch that are culverted that need to be
improved. The Applicant is proposing to upgrade the culverted areas on the subject property without
changing the existing flow of the ditch. The main residences will be built on the downhill side (on the river
side) of the ditch. The Applicant would like to culvert the portions of the ditch that border the building
envelopes to prevent any flooding or seepage problems that may occur with the ditch. However, if this is not
possible. the Applicant will work with the County Engineer to devise a drainage system that would be
suitable. Staff has spoken with Bud Eylar, County Engineer, to find out what could be done if the ditch is
unable to be culverted. According to Mr. Eylar, the Applicant could construct a fairly low berm along the
ditch within the approved building envelopes and install swales along the property lines that would provide
drainage from any seepage of the ditch to the Roaring Fork River. The Applicant will need to work with Mr.
Eylar to put together an acceptable solution.
With respect to connecting the well and septic system to the main residence, the Applicant is proposing to
install lines under the ditch in accordance to the Pitkin County ISDS Regulations (a copy attached).
According to the regulations crossing a ditch [lake, water course, or stream] "mav be permitted if'the
a. �g water or wastewater pipe is encased for at least ten (10)feet on each side of the crossing or place
11 e components are closer than specifted in the table.... .. The Applicant will need to provide
documentation to the Environmental Health Department of compliance with the ISDS Regulations.
The Environmental Health Department has reviewed the proposed amendment to the final plat and has
indicated that the proposed locations of the wells and septic systems appear to meet the setback distances
required between the wells and septic fields and the septic fields and the existing location of the Walthen
ditch. Soil data has been collected for the four ISDS sites and the engineer has verbally indicated that there
appears to be good soils and conventional systems can be installed. The Environmental Health Department
requires that the owner and engineer reconfirm the distance to groundwater during the months of highest
ground saturation which for the lots would be during the irrigation season normally in June. If the ground
within four feet below the bottom of the proposed soil absorption system is not dry, an engineer would have
to design a raised system that sometimes requires more area than a conventional system.
It appears that the Applicant has delineated the required 20-foot wide ditch easement and the 10 foot setback
on either side of the centerline of the ditch on the amended plat. According to the letter received from the
ditch owners, "No building or other obstruction to access to the ditch is allowed in this right-of-way without
consent of the majority of the holders of ditch and water rights. No impendance or change of the flow of
water through the ditch can take place without the consent of the Ditch Owners. Therefore the ditch cannot
be culverted or bridged, either of which affect access and flow, without permission of the Ditch Owners."
Pitkin Iron/River Ranch PUD Minor Plat Amendment
December 6, 2000
Page 4
According to Resolution No. 99-145, approval was granted for subgrade space for the free market
residences. The Applicant shall provided documentation for a certified engineer at building permit
application that the basements will not be impacted by possible seepage from the ditch.
OTHER:
The Applicant is requesting that Condition 97 of Resolution No. 99-145 be completely eliminated since it is
inconsistent with the approved landscaping and revegetation plan. Condition 47 reads as follows:
No development, including grading, entry or ranch gates, and vegetation removal or disturbance shall
occur outside of the designated building envelopes, except for landscaping and revegetation as
represented on the approved Landscaping Plan, water system improvements, utility and driveway
extension and maintenance, and as may be necessary to implement the wildfire mitigation measures
required elsewhere in this document.
Staff is of the opinion that this condition should not be completely eliminated but modified to exclude "entry
or ranch gates' to allow for the construction of the gate. An elevation plan of the gate has been attached to
the amended site plan which is attached separately to this memorandum. The Applicant is proposing a 12'
granite boulder gate with wildlife compliant fencing adjacent to the public parking which is adjacent to the
open space that was dedicated to the County along Upper River Road. According to the Applicant there will
be a signed walkway around the gate for the general public and signs along the private road to the pedestrian
bridge. It appears that the ranch gate is located outside of the required setback from Upper River Road.
According to Joanna Schaffner, Zoning Officer, the maximum height allowed for an entry gate is 20 feet.
In addition. the Landscaping Plan shall be modified upon approve of the amendment to the building
envelopes, .yell envelopes and septic envelopes. The modified Landscaping Plan shall be submitted to the
Community Development Department prior to submittal for any building permits.
ADDITIONAL COMMENTS:
Letter of Opposition: Staff has received a copy of a letter from the 'Holders of Water and Ditch Rights in
the Walthen Ditch' which has been attached to this memorandum.
Woody Creek Caucus: The Caucus has provided written comments which are attached to this memorandum.
In summary, the Caucus does not support to property amendments for the following reasons:
Minor and major plat amendment are seen as undermining the efforts of careful planning that went
into the original subdivision approval;
• Locating the building envelopes in a manner to be bisected by the Walthan Ditch leads to further
complications and questions; and
• The Planning Commission feels that the Applicant's request to eliminate Section 7 of the
subdivision approval to include a large entry gate to the subdivision to be denied.
Pitkin Iron/River Ranch PUD Minor Plat Amendment
December 6, 2000
Page 5
• The Planning Commission feels that all parties thoughtful and careful planning of the original
application should be upheld in good faith and the modifications to the approved subdivision
should be denied.
Zoning: Joanna Schaffner, Zoning Officer, has offered a number of comments which are attached to this
memorandum.
STAFF'S RECOMMENDATION: Staff recommends that the Board of County Commissioners pass the
following motion, "to approve the Pitkin Iron/River Ranch Subdivision/PUD Subdivision Exemption for a
Minor Plat Amendment, subject to the conditions in the Resolution."
ATTACHMENTS:
Site Plan j
Zoning 7
Woody Creek Caucus - 3
Environmental Health Department
Section of the Pitkin County ISDS regulations — J
(o y Letter of opposition —
Site plan and application are attached separately.
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ATTACHMENT y
Joanna Schaffner, 01:25 PM 11/19/00 -0700, Pitkin Iron / River Ranch PUD Minor Plat
X-Sender: joannas@comdev
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Sun, 19 Nov 2000 13:25:30 -0700
To: Tamarap@co.pitkin.co.us
From: Joanna Schaffner <joannas@ci.aspen.co.us>
Subject: Pitkin Iron / River Ranch PUD Minor Plat Amendment
I have reviewed the above referenced application and offer the following
comments.
1. The PUD approval requires a side yard setback variance for the building
envelope proposed for the subdivision entry gate.
2. The maximum height allowed for the entry gate is 20 feet.
3. It appears that the building envelopes for Lots 1-4 are missing from the final
plat. These must be included.
4. Development will not be permitted on teh ditch without written approval from
the ditch company. This should be noted on the plat.
5. The 20 foot access easement between Lots B and C should be indicated as on
the landscape plan.
6. The Legend and Notes need to be corrected - the incorrect symbol is used for
lot lines and it should be bolded. Also the boundary line should be bolded.
7. Is it ok to plant so many trees on the septic system? See new septic locations
for Lots B and C. Does the landscape plan need to be amended?
Printed for Tamara Pregl <tamarap(aco.pitkin.co.us> 1
ATTACHMENT
Woody Creek Caucus
District Planning Commission
P.O. Box 299
Woody Creek, Colorado 81656
Aspen/Pitkin Community Development
U0 S. Galena Street
Aspen, CO 81611
ATT: Tamara Pregl
RE: Pitkin Iron/River Ranch PUD Minor Plat Amendment
November 24, 2000
MS. PREGL:
It has been the position of the Woody Creek Planning Commission to
oppose subdivision approvals through the process of plat amendments, both
major and minor. It is generally seen as undermining the efforts of careful
planning that go into the original subdivision approval.
If the amendment were based on an issue of public safety and health,
the Planning Commission would, of course, listen carefully to the request.
However, this application for amendments to the subdivision have nothing to
do with health or safety.
The first issue is a reconfiguration of building envelopes and
relocation of the septic well envelope because the applicant has decided not
to change the location of the Walthan Ditch, as originally approved. Even if
the amended approval were granted, there would still be no agreement
between the current principals of the ditch and the developer of the
subdivision. It is essential that both parties have a clear understanding of
the changes requested.
As you can see, locating the building envelopes in a manner to be
bisected by the Walthan Ditch, would lead to further complications and
questions. It is therefore necessary that the applicant present a written
agreement between himself and the owners of the ditch before any approvals
be considered. This was the understanding of the Woody Creek Caucus for
the original plan, which included moving the Walthan Ditch, and for which
costs have already been incurred by other ditch owners.
The applicant also requests eliminating Section 7 of the subdivision
approval because it is "inconsistent with our approved landscaping and
revegetation plan." His plan includes a large entry gate to the subdivision
on the Woody Creek side. It is the position of the Planning Commission that
the current landscaping plan be modified to fit with the original approvals,
which include a ban on any "entry or ranch gates".
Clearly, what Woody Creek is repeatedly faced with are developers
who believe that all original approvals are changeable, once the development
has begun construction. All parties thoughtfully and carefully plan the
original applications, and the Planning Commission expects that these
decisions be upheld in good faith.
Sincerely,,
Michael M. Owsley
Chairman
ATTACHMENT
MEMORANDUM
To: Tamara Pregl, Community Development Department
From: Nancy MacKenzie, Pitkin County Environmental Health Department J'L Y\�
Date: November 17, 2000
Re: Pitkin Iron/River Ranch PUD Minor Plat Amendment
Parcel ID # 2643-081-00-851
I have reviewed the draft plat which relocated the septic and well envelopes for the four
private home lots on the Upoer River Road side of the development. The proposed
locations of the wells and septic systems appear to meet the setback distances required
between the wells and septic fields and the septic fields and the existing location of the
Walthen ditch.
Soil :iata has just been collected for the four ISDS sites and the engineer has verbally
indicated that there appears to be good soils and conventional systems can be installed.
The proposed areas for the septic absorption areas would be large enough for
conventional systems.
However, we have required that the owner and engineer reconfirm the distance to
groundwater during the months of highest ground saturation which for these particular
lots would be during the irrigation season normally in June. If the ground within four feet
below the bottom of the proposed soil absorption system is not dry, an engineer would
have to design a raised system which sometimes requires more area than a conventional
system. The engineer would need to determine if the septic envelopes are large enough to
accommodate a raised system.
ATTACHMENT
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NOTE:The Department may require greater distances where warranted.For repair
or upgrading of existing systems where the size of the lot prevents meeting these
distances,the repaired facility may not be closer to water supply components than
the existing facility. -
(1) Crossings from these distances may be permitted if the drinking
water or wastewater pipe is encased for at least ten(10)feet on each side of the
crossing or place where components are closer than specified in the table.Pipe of
Schedule 40 rating or better must be used,of sufficient diameter to easily slide over
and completely encase the line. Ridged end caps of at least Schedule 40 rating
must be glued or secured in a watertight fashion to the ends of the encasement
pipe. There must be a hole of sufficient size to accommodate the pipe in the
lowermost section of the ridged cap so that the conveyance pipe rests on the
bottom of the encasement pipe. The area in which the pipe passes through the
endcaps must be sealed with an approved underground sealant compatible with
the piping used.
(2) Add A feet additional distance for each 100 gallons per day of design
Flow over 1000 gallons per day as specified in the table,unless it can be ;
demonstrated by an RPE that this is not necessary to prevent contamination.
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11/22/2000 09:49 970-923-3191 ,TAMES COLLINS PAGE 01
ATTACHMENT&
TO: Tamara Pregl, Pitkin County Planning Staff
Pitkin County Planning and Zoning
Min County Commissioners
Tim Semrau, S&S Development, SBD Building
From: Holders of Water and Ditch Rights in the Walthen Ditch, Woody Creek
RE: Pitkin Iron Development Plat Amendment, 2 pages
Date: November 22, 2000
4...........................................................................
We have several concerns regarding the application to cheap the
building envelopes for the free market home sites at the Pitkin Iron
development.
The envelopes are designed bisecting the Walthen Ditch (established
and adjudicated Ca. 1883). The existing easement for the ditch right-of-
way is 20 feet wide, 10 feet on either side of the centerline of the ditch.
No building or other obstruction to access to the ditch is allowed in this
right-of-way without consent of the majority of holders of ditch and
water rights. No impedance or change of the flow of water through the
ditch can take place without the consent of the Ditch Owners.
Therefore, the ditch cannot be culverted or bridged, either of which
affect access and flow, without permission of the Ditch Owners. Not
being able to cross the ditch would limit access to the building envelopes
on the Roaring Fork River side of the ditch, making them effectively
unsuitable for building.
No discussion has been initiated with the Ditch Owners by the developer
which would allow us to evaluate the suitability of plans to cross the
ditch or change water flow. We believe that no one has the legal
justification to abrogate our existing historic rights or to grant uses that
infringe on a privately held physical structure that has existed intact for
more than a century. We do not believe that a building envelope can be
created or granted that does not have legal access.
We have previously, at significant personal expense, attempted in good
faith to negotiate an agreement to move the ditch. We were not notified
by the developer of his change of plan, nor offered reimbursement of
our costs incurred on his behalf. We continue to lose faith and
11/22/2000 09:49 970-923-3191 JAMES CCLLINS PAGE 82
Page 2
confidence in the Intentloan and ia"rky of the developer who seems to
maneuver solely for personal and financial advantage, ignoring
profound historic law and neighbors who are legally constituted and
significantly affected by his plans.
We insist that this plat amendment, which we do not consider minor, be
denied. The developer must negotiate with us in good faith. If any
changes are agreed upon, they must contain assurances of continued
satisfactory access to the ditch and unimpeded delivery of water in the
future. any body or group sueh as a homeowners association
subsequently created that might have an impact on the ditch must
acknowledge the existing and continuing rights of the Ditch Owners.
Please notify no directly of any bearings, discussions, submissions,
retractions, agreements or other actions, which affect this property and
this ditch.
For the Walthen Ditch Owners,
mes Collins
PO Box 369
Woody Creek, CO 81636
923-3190
THr AVE imr:
• Box E ��� K,
Aspen, Colorado
PROOF OF PUBLICATION
STATE OF COLORADO )
) SS. Copy of Notice
County of Pitkin ) PUBLIC NOTICE
SUPPLEMENTAL APPROPRIATION
TO THE 2000 BUDGET
FOR PrMN COUNTY,COLORADO
I, Mitch Bettis, do solemnlyswear that I am the �1Ce la hereby given that a supplwen al
appropriation to the 2Q80 budget has been suh-
Publisher of TI M ASPEN TI1VMS: that the same is a weekly mined s t Pitkin Com ty Board of County
copy of the supplemental
newspaper printed, in, whole or in part, and published in appropriation has been filed in the Pltkln County
the County of Pitkin, State of Colorado, and has a general E�i�t"ain street.a;�the rs and I$open
circulation therein; that said newspaper has been for public inspection.A iLWM HBAWNO has
published continuously and uninterutedly in said r scheduledbeen aooe n theMBoard of County
County of Pitkin, for a period of more than fifty-two courthouua°nPLazaadaeiaagg s�30Ea;MMam County
consecutive weeks next prior to the first publication of the Aspen, Colorado. (All public hearings are
noticed for 2:00 P.M.but actual times will vary)
annexed legal notice or advertisement; that said newspaper Citirw are Invited to make written or oral con,
has been admitted to the United States mails as second either awtlihe regard to eavh§ poropoaee budget
Lynn Dunlop;BudgeNMmeem,at 9M4204by ac[Ing
class matter under the provisions of the Act of March 3, SUMMARr OF PROPOSED CHANc@S
1879, or any amendments thereof, and that said newspaper Nat Expenditures
Rem is a summary of the changes InteVendes
is a a weekly newspaper duly qualified for publishing legal and expenditures q.hml: -
notices and advertisements with the meaning of the laws of Use General t� $(975;2W
Tax 787)
the State of Colorado. Open (90',191
pe m Mass Tr 88,191
O.S cent Max Transit
Sales&Use Tax:funtl 600,000
That the annexed legal notice or advert was ub- Bunch Water and
P Power Authority had 138,613
fished in the regular and entire issue of every number of Airport hmd710,158
Solid Waste Center fund (SASO)
said.weekly newspaper for the period of consecu- $46S,387
tive insertions; and that the first publication of said notice NET INCREASED EXPENDITURES $463,387
BOARD OF COUNTY COMMISSIONERS
w In the issue of said newspaper dated OF PITION COUNTY,COLORADO
By Shefile Roy,Chairperson
a5 A.D., 20 C�Q _ and that the last pub- Fubllshed In The Aspen Thims on November 25,
licatior�of said notice was in the issue of said newspaper 2000.(72595
dated Ck/ . JAS A.D., 20 _CQ .
t
Subscribed and swo to before me, a notary
public in and for the Co of Pitkin, State of Colorado,
ty
on this xL day of A.D., 20&Q_.
Notary Publi
My commission expires\,D-C�-o
THr :rzxTims
Box ,w Ll
Aspen, Colorado
PROOF OF PUBLICATION
STATE OF COLORADO )
) SS. Copy of Notice
County of Pitkin ) PTICE. NOTICE
-
PLEASE TAKE NOTICE:That nt Board of County
Commles eetin of PDe county,Colorado;at its
nnZwo otload a December 8.2opt and after
I, Mitch Bettis, do solemnly swear that I am the lowingb;,oh°`b°'" �'e0op1d1heto4
Publisher of THE ASPEN TIMES: A RESOLUTION OF THE BOARD OF COUNTYES: that the same is a weekly COMMISSIONERS OF PITEIN COUNTY, Cob
newspaper printed, in, whole or in part, and published in ORADO, PROVIDING SUPPLEMENTAL APPRO-
PRIATIOM TO THE MW BUDGEr
the County of Pitkin, State of Colorado, and has a general SLARLAW OF PROPOSED CHANGES
circulation therein; that said newspaper has been Hem baawaaaaryof the cJ pExpenditures
revenues
published continuously and uninterruptedly in said and expenditure by tnrtd:
GtrArCounty of Pitkin, for a period of more.than fifty-two Use Ik:� (90.7977)
consecutive weeks next prior to the first publication of the a�n10=r�5des86,191
annexed legal notice or advertisement; that said newspaper &Use laxkeM 60AW
Gorkyfimd
has been admitted to the United States mails as second Ruedl Vftlw and Power Au 13eb1a
class matter under the provisions of the Act of March 3, Art hie SoRdWhateCenter M1ud MW
710,158
1879, or any amendments thereof, and that said newspaper d463MT
is a a weekly newspaper duly qualified for publishing legal cCopie. test of aeavall-
notices and advertisements with the meaning of the laws of abk�public ampection hour&30&K to I:30
a P.M.In the office W the Clerk and Recorder,5W
the State of Co to ndo. Em MNn street;Aspen.Colorado 81811.Phone;
97000,5180:. -
Jeanette Jones
That the annexed legal notice or advertisement was pub- wpTbned mile DepneY coontrClerk
fished in the regular and entire issue of every number of
2000 M Aspen 711 on December 23,
said.weekly newspaper for the period of 1_consecu-
tive insertions; and that the first publication of said notice
waS, in the issue of said newspaper dated
A 3 A.D., 20 Ot_ and that the last pub-
lics sonsaid notice was in the issue of said newspaper
dated l �. A.D., 20 60
01
Subscribed and sworn to before me, a notary
public in and for the Co ty of Pitkin, State of Colorado,
on this 6 day of A.D., 20 CEO
Notary Pub c
My commission expires�6_2L
TH: AVE T:m:: ;
Box
Aspen, Colorado
PROOF OF PUBLICATION
STATE OF COLORADO)
) ss. Copy of Notice
County of Pitkin )
I, Mitch Bettis, do solemnly swear that I am the
Publisher of THE ASPEN TRvtES: that the same is a weekly
newspaper printed, in, whole or in part, and published in
the County of Pitkin, State of Colorado, and has a general
circulation therein; that said newspaper has been
published continuously and uninterruptedly in said
County of Pitkin, for a period of more than fifty-two
consecutive weeks next prior to the first publication of the
annexed legal notice or advertisement; that said newspaper
has been admitted to the United States mails as second
class matter under the provisions of the Act of March 3,
1379, or any amendments thereof, and that said newspaper
is a a weekly newspaper duly qualified for publishing legal
notices and advertisements with the meaning of the laws of
the State of Colorado.
That the annexed legal notice or advertisement was pub-
lished in the regular and entire issue of every number of+
said weekly newspaper for the period of —consecu-
tive insertions; and that the first publication of said notice
w s in the issue of said newspaper dated
0, • 9 A.D., 20 nO and that the last pub-
lication of said notice was in the issue of said newspaper
dated 1\N . 2-Sr A.D., 20 CC) .
Subscribed and sworn to before me, a notary
publicinakidfortheCo ty of Pitkin, State of Colorado,
on this day of ZIDO A.D.,20 00
P1T
Notary Public
My commission expires �D—�
22"C The Aspen Times a Saturday-Sunday,November 25-26,2000
PUBLIC NOTICE 10.The County desires to refund in advance of dance with the Section hereof entitled designate a substitute securities depository for Section 7.Security for the Bonds.
NOTICE OF PUBLIC HEARING their respective maturities a portion of the 1992 "Defeasance";ar]d DTC and reregister the Bonds as directed by (a)General Obligations.The Bonds shall be gen-
PLEASE TAKE NOTICE:That the Board of County Bonds(the"Refunded Bonds"). (d)Any lost,apparently destroyed,or wrongful- such substitute securities depository or Cp ter- eral obligations of the County,payable from the
Commissioners of Pitkin County,Colorado,will 11.Pursuant to the provisions of Article 56 of ly taken Bond in lieu of or in substitution for urinate the bookentry registration system and ad valorem property taxes levied pursuant to
consider the following Ordinance at the Board's Title 11,Colorado Revised Statutes,as amended which another bond or other security shall have reregister the Bonds in the names of the beach- this Section and other moneys separately
regular meeting on Wednesday, December 6, (the"Refunding Act'),the County is authorized been executed and delivered. clef owners thereof provided to it by DTC. accounted for by the County to pay the principal
2000 at 2:00 p.m.,In the Commissioners Meeting to Issue general obligation refunding bonds for "Owner"means the Person or Persons in whose Neither the County nor the Paying Agent shall of,premium.If any,and Interest on the Bonds.
Room,first floor,Courthouse Plaza Building,530 the purpose of refunding,paying and discharg. name or names a Bond Is registered on the mg- have any liability to DTC,Cede&Co.,any sub The full faith and credit of the County are
East Main Street,Aspen,Colorado,at which time Ing the Refunded Bonds and for one or more Istration books maintained by the Paying Agent stitute securities depository, any Person in pledged for the punctual payment of the princi-
and place all members of the public may appear other purposes, Including but not limited to pursuant hereto. whose name the Bonds are reregistered at the pal of and interest on the Bonds.
and be heard: effecting certain economies for the County,sub Paying Agent" means The Bank of Cherry direction of any substitute securities deposito- (b)Levy of Ad Valorem Taxes. For the purpose
AN ORDINANCE AUTHORIZING THE ISSUANCE ject to the terms,conditions and limitations in Creek, In Denver, Colorado, or any successor ry, any beneficial owner of the Bonds or any of paying the principal of,premium,if any,and
BY PITKIN COUNTY,COLORADO OF THE PITKIN the Refunding Act. thereto or assignee thereof approved by the other Person for(A)any determination made by interest on the Bonds when due, respectively,
COUNTY, COLORADO GENERAL OBLIGATION 12.The Board has determined that It is in the County. the Paying Agent pursuant to the proviso at the the Board shall annually determine a rate of levy
REFUNDING AND OPEN SPACE ACQUISITION beat Interests of the County and its residents to "Permitted Investments"means any investment end of the immediately preceding sentence or for general ad valorem taxes,without limitation
BONDS,SERIES 2000,IN THE AGGREGATE PRIM- issue the Pitkin County, Colorado, General in which folds of the County may >e invested (B)any action taken to Implement such deter- as to rate or amount,on all of the taxable prop-
CIPAL AMOUNT OF$10,000,000 FOR THE FOR. Obligation Refunding and Open Space under the laws of the State at the time of such urination and the procedures related thereto erty within the County, sufficient when com-
POSES SET FORTH IN THE BALLOT QUESTIONS Acquisition Bonds,Series 2000(the"Bonds")for Investment. that is taken pursuant to any direction of or in bind with other moneys separately accounted
AUTHORIZING SUCH BONDS; PROVIDING FOR the purposes of purchasing, improving and 'Person"meson,a corporation,firm,other body reliance on any information provded by DTC, for by the County for such purpose,to pay the
THE LEVY OF AD VALOREM PROPERTY TAXES maintaining open space and trails (es defined corporate,partnership,association or individ- Cede&Co.,any substitute securities depository principal of,premium,if any,and Interest on the
FOR THE PAYMENT OF SUCH BONDS;PROVID. herein,the"Acquisition Project"),refunding the and and also includes an executor,administrator, or any Person in whose name the Bonds are Bonds when due,respectively,whether at matu-
ING THE FORM OF SUCH BONDS AND OTHER Refunded Bonds to effect certain economies of trustee, receiver or other representative reregistered. rity or upon earlier redemption. The Board
DETAILS WITHRESPECT TO SUCH BONDS AND the County pursuant to the Refunding Act(as appointed according to law. Section 4. Redemption of Bonds Prior to shall,in certifying annual levies for general ad
THE PAYMENT THEREOF; APPROVING OTHER defined herein, the "Refunding Pink and "Preliminary Official Statement" means the Maturity. valorem taxes, take Into account the maturing
DOCUMENTS RELATING TO SUCH BONDS;AND paying the costs of issuance of the Bonds. Preliminary Official Statement relating to the (a)Optional Redemption. The Bonds maturing indebtedness of the Bonds for the ensuing year
PROVIDING THE EFFECTIVE DATE OF THIS 13.No member of the Board has a potential con- Bonds dated November_,2000. on and before December 1,_,are not subject and deficiencies and defaults of prior years and
ORDINANCE. Met of interest in connection with the author tie "Rebate Account' means the Pitkin County to redemption prior to their respective maturity shall make ample provision for the payment
ORDINANCE NO, Lion, Issuance, sale or use of proceeds of the Series 2000 Rebate Account created in the dales, The Bonds maturing on and after thereof.
RECITALS Bonds. Section hereof entitled"Tax Covenants." (c)Levy of Additional Ad Valorem Taxes. If the
1. Pitkin County, Colorado the"Count g p December 1, _, are subject to redemption
y ( y"), is a 14.This Ordinance is bale adopted to Bonds,to (Record Dale" means, with respect to each prior to maturity at the option of the County In moneys produced from the taxes levied by the
home rule county and political subdivision of the Issuance,sale and delivery of the Bonds,to Interest Payment Date, on fifteenth day of the whole or in part In Integral multiples of$5,000, County pursuant it subsection (ue of this
the State of Colorado(the"State') duly orgy provide for the payment o the Bonds and to month preceding the month (whether or not and If in part in such order of maturities as the Section, together with other revenues of the
and lazed ws
of the State,
under the Constitution aricle provide the details of the Bonds. such day Ise Business Day) in which such County shall determine and by lot within a matu- County available therefor,are not sufficient to
and laws of the State,particularly amended,
article NOW, THEREFORE, BE IT ORDAINED, by the Interest Payment Date occurs. rity,on December 1,_,and on any date there- pay punctually the annual installments on the
35,Colorado Revised Statutes,as amended,and Board of County Commissioners of Pitkin "Refunded Bonds"means$ of the after,at a redemption price equal to the[princi- contracts or bonds of the County,and interest
the Pitkin County Home Rule Charter,adopted County,Colorado that: currently outstanding germs 1992 Bontls. al amount of the Series 2000 Bonds to be thereon,and to pay defaults and deficiencies,
March 21,1978,as amended(the"Charter'. Section 1.DeMitioee.The following terms shall "Refunded Bond Requirements"means the prin- p the Board shall make such additional levies of
2.The County Is authorized by title 30,article have the followingmeanings for purposes of this ci p p y redeemed(with no redemption premium)][per-
and g p p pal,redemption osmium it any,and Interest taxes as may be necessary for such purposes,
35, and title 11. article 57, part 2, Colorado Ordinance: due In connection with the Refunded Bonds,at centage of the principal amount of the Series and such taxes shall be made and continue to be
Revised Statutes, as amended as collective) q l y purpose y p p p 2000 Bonds set forth below,plus accrued inter-
.0 o which
proceeds
dso f the
means an ur pen for in the l or upon prior redemption,as se[forth levied until the Indebtedness is fully paid.
defined herein, the "Act") and the Charter m w4iich roceeds of[he Bonds may be expended in the Escrow Agreement. eat to the redemption date:
P Y De Ag (d) s.Application
gene of Proceeds of sl Valorem
Issue general obligation bonds for any public under the Act, the Charter and the Ballot "Refunding Act"e means Article 56 of Title 11. Redemption Date Redemption Price Taxes. The general ad valorem taxes levied pur-
purpose,subject voting
approval le the majority of On or after December 1, and _%
Questions,including but not limited to,the pay- Colorado Revised Statutes,as amended,or any avant to subsection(b)of this Section and any
County voters voting ti an election called for men"of the costs le Issuance le the Bonds. successor thereto. On or before November 30,_ additional taxes levied to pay the principal of,
the purpose of submitting the question of the tier" means, collectively, title 30, article 35, "Refunding Project" means any purpose for On or after December 1, and _'M premium,if any,and Interest on the Bonds pur-
issuance of such bonds pursuant to the Charter. Colorado Revised Statutes,as amended,or any which proceeds of the Bonds may be expended on or before November 30,_ suant to subsection(c)of this Section,when col-
a.At an election called on November 6,1990,the successor thereto,and title 11,article 57,part 2, under the Refunding Act and the Charter,includ- On or after December 1,_ ]acted,shall be separately accounted for by the
County submitted the following question (the Colorado Revised Statutes,as amended,or any Ing,but not limited to,the payment of an alloca- County and applied solely to the payment of the
"1990 Ballot Question") to County voters for successor thereto. ble portion of the costs of Issuance of the Bonds (b)Mandatory Sinking Fund Redemption. The principal of and interest on the Bonds and for no
approval: "Ballot Questions"means,collectively,the 1990 and the refunding,paying and discharging of the Bonds maturing on December 1,_are subject other purpose until the Bonds,Including princi-
ShaR the Board of County Commissioners of Ballot Question and the 1999 Ballot Question. Refunded Bond Requirements. to mandatory sinking fund redemption by lot on
,Colorado,be authorized to 1 a Q Q q pal and Interest.are fully paid,satisfied and dis-
Pitkin County, levy "Board" means the Board of County "State"means the State ofs Colorado. December 1 of the years and In the principal charged.
property tax of up s 2.5 mills for the purpose of Commissioners of the County,and any succes- "Tax Letter of s, dated
the means the Tax Letter amounts specified below,at n redemption price Ad Appropriation and Budgeting iv Proceeds e
funding the purchase,improvement and tote sor body. of Instructions, dated the date li which Me equal pt the principal amount thereof(with no general
Valorem Taxes. Moneys received from the
nonce of open space and trolls,subject to the "Bond Counsel" means (Q as of the date of Bonds are originally issued and delivered ti the redemption premium),plus accrued interest to general ad valorem taxes Levied onrin ant msub
restrictions contained in Resolution No.9P93; issuance of the Bonds,Kutsk Rock LLP,and 11 Count b Bond Counsel,es such instructions the redemption date:
and O y y sections(b)and(c)of this Section d i n amount
Shall the Board of Count Commissioners of as of any other date,selected
b Rock CLLPounty
ty such may t e it ter.detl or amended In accordance Mandatory Sinking Fund Redemption Schedule sufficient to pay the principal of wand interest on
Y other attorneys
recognized
selected by the County with with their terms. For Bonds Maturing December L the Bonds when due, respectively, are hereby
Pitkin County,Colorado, a authorized a issue nationally recognized expertise in the issuance Section 2.Authorization and Purpose of Bonds. Yes, Principal Amount appropriated for that purpose,and a0 amounts
general obligation Indebtedness he to a mazF of municipal bonds. Pursuant to and in accordance with the Act,the (maturity)
mum amount of purchase,
improvement
forem the purpose of ty) required s pay.the principal of and Interest on
["Bond Insurer"means u_,and successors Refunding Act and the Ballot Question, the At its option,to be exercised on or before the the Bonds due,respectively,in each year shall
funding the purchase,improvement and to the
P y Y
nonce of open space and trails,subject to the thereto.] County hereby authorizes, and directs that forty-fifth day next aprecedingCounty each sinking fund be Included c the annual budget and passed
byappropria,the
restrictions contained I. Resolution No,exceed
b Bond Insurance Policy"means the[municipal there shall ne Issued, the "Pitkin County, redemption date,the County may m purchase (ion ordinance to be adopted and passed by the
with a net effective interest rate not r exceed bond insurance policy] Issued when
the Bond Colorado, General Obligation Refunding and and cancel any Bonds with the same maturity Board for such year.
12% Insurer Insuring the payment when due of the Open Space Acquisition Bonds,Series 2000,"in date as the Bonds subject to such sinking fund Use or Advance of Other Legally Available
yea per be issued
and a maximum term of 30 (�
years,e f be issued in one it more series and vded therein.]
ei and interest on the Bonds as pro- the aggregate original principal amount of redemption and re receiven credit to respect y Moneys. Nothing herein shall he Interpreted uto
se
payable from property tax without limitation as "tried therein.] for the Acquisition
for the purpose of providing fonds its sinking fund redemption obligation for any prohibit ai able the ability of the County to use
re levy or amount; however, the actual levy "Bond Obligation" means, as of any date, the for the Acqulsltlon Project and the Refunding Bonds with the same maturity data as the Bonds legally available funds nof ethe County other than
required ro service the such debt shall annually be Principal amount of Bonds then Outstanding. Protect. subject to such sinking fund redemption which the proceeds of the general ad valorem proper,
deducted from the 2.5 mills authorized above? "Bonds" means the bonds authorized in the Section 3.Bond Drafts. prior to such data have been redeemed(other- taxes levied pursuant this Section to pay all
4.A majority of the registered electors of the Section hereof entitled "Authorization and (a) Registered Form, Denominations, Original wise than through the operation of the sinking or or any interns of the principal of,premium,it
County voting on the election
Ballot Question at the Purpose of Bands." Dated Date and Numbering. The Bonds shall ed fund)and cancelled and not theretofore applied any, t Interest r l the Bonds. a and to the
November Q 1990 election voted In favor of the "Business Day"means any day other Than(a) - Issued as fully al ddregistered bonds,shall be dated as li credit against any sinking fund redemption extent such other legally available moneys are
1990 Ballot Question. Saturday or Sunday he(St a day on a which bank- as of an original dated date ed[December Paying
obligation. Each ly re a purchased and can- used to pay the principal C premium,it any,or
5.At an election called on November a ion the Ing institutions in the State are r to be closed
or Agai and shall h maintained on the Paying celled principal
previously redeemed shall be credited interest re the Bonds,the County may,but shaft
County submitted the) to Co question (the for business.
law or executive order to be closed Agent in denominations
hereon. The Bonds shall al at the Count on
inking u the obligation not s l required to, (i) reduce rs amount of
Ballot Question") to County voters for for business. Issued in denominations of bile$5,000 e of. The
of the County on such sinking fund redemption taxes levied for such purpose pursuant ee sub-
approval:
"Charter"means the Pitkin County men Rule amount al any Integral multiple thereof. The date,and the principal amount of Bonds to be section vie of Mrs Section use use proceeds of
SHALL EXISTING PITKIN COUNTY TAXES IL I N Charter,adopted March Internal
Re as amended. Bonds shall be mbar one,preceded
numbered,begin. redeemed shall
operation of such sinking land on razes levied pursuant to subsection on,of this
MILLION BE INCREASED O TO $5.6 MILLION "Code" means the Each ref Revenue Code of tpinger"with the number one,preceded by the IU- such date shall be accordingly reduced. Section to reimburse the fund or account from
ANNUALLY FOR THE PURPOSE OF CONTINUING of the
as amended. Each reference to o section ter"R." re Redemption Procedures. Notice of any which such other legally available moneys are
TO MAINTENANCE
THE PURCHASE,IMPROVEMENT,AND the
the Code herein shag ur deemed to include Interest
Maturity Dales, Principal Amounts and redemption of Bonds shell be given by the withdrawn for the amount withdrawn from such
MAINTENANCE OF OPEN SPACE AND TRAILS BY the United States Treasury Regulations pro Interest Rates. The Bonds shall mature on Paying Agent by sending a paid of such notice fund or account to pay the principal t al inter-
THE EXTENSION OF THE EXISTING PROPERTY Posed or in adept thereunder and applicable to December 1 of the years and in a the principal than
first-class,days, postage prepaid malt not less eat on the Bonds. a the County selects sentence,
TAX LEVY OF O MILLS AND THE IMPOSITION the Bonds or the use of proceeds oche thereof,unless amounts,and shall bear Interest at the rates per than 30 days prior to the redemption date,to the(if)in e e immediately preceding sentence,
OF AN ADDITIONAL PROPERTY TAX LEVY OF the context clearly requires County,
Colo saves(calculated based on a year of twelve 34 the Owner of each Bond being redeemed. Such the taxes levied pursuant to subsection ent of
UP TO FOR MILLS FOR A TOTAL OF INTO WITH
"County" means Pitkin County, Colorado and day months),set forth below: notice shall specify the number Or numbers of this Section shall Include amounts sufficient to
MILLS FOR TEN YEARS, COMMENCING WITH any successor
ecmlti o. Maturity the Bonds so to be redeemed Of redemption UU, the reimbursement.Moneys
THE TAX AND
2COf1 CONTINUING
(COLLECTION TO BEGIN IN "Defeasance Securities"means bills,similar
sc uri- QDecember l]) Principal Amount Interest Rate shall bin part)e been
the redemption date. If any (8)Deposit of Moneys P Pay Bonds with,and
THROUGH
AND CONTINUING THEREAFTER of Indebtedness,notes,bonds l similar ions of 2002 Bond shall have beenhe redemption
for redemption Payment of Bonds By, Paying Agent No later
THROUGH THE TAX YEAR 2f109 AT A LEVY OF ties which are direct none table obligations an
of 2002 and IL v be before the redemption date,there than the Business Day immediately preceding
AUP ND SHALL
MILTS BUT UN cep THAN 2.5 MILTS; the United States of America d which are fully 2003 " shall have been deposited with the Paying Agent each date on which a payment of principal of,
AND SHALL PITKIN COUNTY BE ENTITLED TO and unconditionally guaranteed as to the timely 2005 in accordance with this Ordinance funds suffi- premium,if any,or Interest on o the Bonds is due,
COLLECT,RETAIN,AND SPEND ON BEHALF OF Payment of principal and interest by the United 2006 dent to pay the redemption price of such Bond the County,from proceeds.of the taxes levied
THE OPEN SPACE AND TRAILS PROGRAM THE States of AmerPermitted
to the extent such Invest- 2007 be the redemption date,then such Bond shall Pursuant to subsections(b)ands,shall
Section
FULL REVENUES FROM THE PROPERTY TAX menu are Permitted Investments. 2008 become due and payable at such redemption or other legally available moneys,shall deposit
LEVY OF UP TO 3.75 MILLS REGARDLESS OF "DTC" means The Depository Trust Company, 2009 date and from and after such date interest will moneys with the Paying Agent in a amount suf-
WHETHER THE ANNUAL REVENUES FROM New York,New York,and its successors in Voter- 2010 cease pt accrue thereon. Failure to deliver any suit
to pay the principal n premium,if any,
SUCH TAX INCREASE IN ANY YEAR AFTER THE eat and assigns. 2011 redemption notice or any defect in any roof up- and interest on the Bonds on such date. The
FIRST FULL YEAR IN WHICH IT IS IN EFFECT "Escrow Account" means the Pitkin County 20I1 flan notice shall not affect the validity of the Paying Agent shall use the moneys so deposited
EXCEED THE ESTIMATED DOLLAR AMOUNT Series 2000 Escrow Account created in the 2012 proceeding for the redemption of Bonds with with it to pay the principal of premium,if any,
STATED ABOVE AND REGARDLESS OF Section hereof entitled"Escrow Account" 201:i respect to which such failure or defect did not and interest on the Bonds when clue.
WHETHER ANY SUCH INCREASE EXCEEDS THE -Escrow Agent" means The Bank of Cherry 2014 (h)Inapplicability of Certain Charter Provisions.
REVENUE LIMITATIONS CONTAINED IN THE Creek,in Denver,Colorado,and its successors 2015 occur. Any Bond redeemed prior to its maturity r Pursuant to Section 13.1.5 0[the Charter, any
and assi signs approved b the County. 2016 by prior redemption or otherwise shall not be
COUNTY HOME.RULE CHARTER,STATE LAW OR 8 PP Y ty' reissued and shall be cancelled, and all revenues from ad valorem taxes levied
THE STATE CONSTITUTION;AND "Escrow Agreement" means the Escrow 2019 Section 5.Escrow Account. The County hereby pursuant.to this Section shall be available for
SHALL PITKIN COUNTY DEBT BE INCREASED Agreement dated as of December _, 2000. 2020 the payment of the principal of,premium,if any,
between the Count and the Escrow Agent, 2021 creates the"Pitkin County Series 2(W Escrow
.CO MILLION WITH 3 MAXIMUM REPAYMENT Y B and interest on the Bonds,notwithstanding the
COST OF LIP TO $34 MILLION, AND SHALL "Event of Default"means any one or more of the 2022 Account"(the'Escrow Account'). The Escrow provisions of Sections 13.1.2 and 13,L3 of the
PITKIN COUNTY TAXES BE INCREASED UP TO events set forth in the Section hereof entitled 2023 Account shall be maintained in accordance with Charter.
$1,300,000 ANNUALLY AND BE LEVIED IN ANY "Events of Default." 2024 the provisions hereof and of the Escrow Section S.Form of Bonds. The Bonds shall be in
"Financial Advisor" means Newman & 2025 Agreement, The Escrow Account shall be main- substantial) the form set forth in Appendix A
YEAR WITHOUT LIMITATION AS TO RATE OR Y t i
Associates and its successors and assigns. 2026 tamed in an amount at the time of the initial
AMOUNT TO REPAY SUCH DEBT. WITH THE g hereto,with such changes thereto,not esira le
ACTUAL PROPERTY TAX LEVY REQUIRED TO Interest Payment Dale"means each June 1 and 2029 deposits there(,and th all times he know ntlyat tent herewith,as they be necessary or desirable
December h commencingJune 1,20U1. 202R leas[sufficient,together with the known oini-
REPAY SUCH DEBT AND THE DEBT PREVIOUSLY sad approved by the officials of the County e ig-
"1989 Ballot Question"means the hallo[ques- 2029 mum yield to be derived from the initial InvesF curio the same whose manual or facsimile si
APPROVED BY THE ELECTORATE ON NOVEM- g C g-
oon approved b Count votes on May 2,1989, 2030 men[ and any temporary reinvestment of the
BEE LEVY
ANNUALLY DEDUCTEDUr REDUCE PP Y y y natures thereon shall constitute conclusive ate,
deposits therein or any par[ thereof in
THE LEVY OF UP TO 3.75 MILLS AUTHORIZED defined all such es the preambles hereto Interest
Accrual and Dates of l accrue of Interest dance of such approval). d covenants,state-
"on Ballot Question' means the ballot ties- Interest on the Bonds shall accrue the
the rates Defeasance Securities to pay the Refunded Bond
ABOVE;SUCH DEBT TO BE EVIDENCED BY THE Q q manta, representations and agreements con-
ABOVE; approved a County voters on November set forth above from the later of the original Dte Requirements. Except a may,t otherwise pro- rained in the Bonds are hereby approved and
ISSUANCE OF GENERAL OBLIGATION BONDS OR 6,1990,hereto.
and defined as such in the pre dated date or the latest Interest Payment Date hided in the Escrow Agreement,the County shall adopted as the covenants, statements, repre
WI TES IN ONE OR MORE SERIFS, WITH OR ambles herein (or in the case of defaulted interest,the latest have no right or title to the moneys credited to sentations and agreements of the County.
WITHOUT A PREMIUM FOR REDEMPTION "1999 Ballot Question" means the ballot ques- date)to which interest has been paid in full and or held In the Escrow Account,and such title Although attached as an appendix for the con-
PRIOR TO MATURITY,WITH A NET EFFECTIVE b'on approved by County voters on November shall be payable on each Interest Payment Date. shall be and is hereby transferred to the Escrow venience of the reader,AppendixA is an integral
INTEREST RATE NOT TO EXCEED 8.5%AND A 2,1999,quoted and defined as such in the pre, (it)Manner and Form of Payment Principal of Agent in trust for the payment of the Refunded part of this Ordinance and is incorporated here-
MAXIMUM TERM OF 31 YEARS, AND UPON ambles hereto. and premium, if any on each Bonds shall be Bond Requirements. Moneys shall be with- in as if set forth in full in the body of this
SUCH OTHER TERMS AS THE BOARD OF COUN- "19y2 Bonds" means the Pitkin County, payable to the Owner thereof upon presentation drawn by the Escrow Agent from the Escrow Ordinance.
TY COMMISSIONERS OF PITKIN COUNTY MAY Colorado, General Obligation Housing Bonds, and surrender of such Bond at the principal Account in sufficient amounts and at such times Section 9.Execution of Bonds. The Bonds shall
DETERMINE;ALL FOR THE PURPOSE OF FUND- Series 1992, originally Issued In the aggregate office of the Paying Agent In the city identified in to permit the payment without default of the be executed in the name and on behalf of the
ING THE PURCHASE,IMPROVEMENT AND MAIN- principal amount of $1,855,000 and currently the definition of Paying Agent in the Section Refunded Bond Requirements. if for any reason County with the manual or facsimile signature of
TENANCE OF OPEN SPACE AND TRAILS;AND outstanding In the aggregate principal amount hereof entitled "Definitions." Interest on each the amount in the Escrow Account shall at any the Chair of the Board,shall be countersigned
SHALL ARTICLE XIII OF THE PITKIN COUNTY of$1,330,000, Bond shall be payable by check or draft of the time be insufficient for the purpose hereof,the by the Director of Administrative Services,ex-
HOMERULECHARTERBEAMENDEDTOBEAU- "Official Statement" means the final Official Paying Agent mailed on each Interest Payment County shall forthwith from the first moneys offirm Treasurer of the County shall bear aman-
THORIZE AND AUGMENT THE OPEN Statement relating to the Bonds approved in the Dale to the Owner thereof as of the close of bust- available therefor deposit in such account such ual or facsimile of the seal of the County and
SPACE/TRAILS PROGRAM IN ACCORDANCE Section hereof entitled "Approval of Related ness on the corresponding Record Date;provid- additional moneys as shall be necessary to per- shall be attested by the manual or facsimile sig.
WITH THE PROVISIONS OF RESOLUTION 99-150? Documents." ed that,interest payable to any Owner may be nit the payment in full o1 the Refunded Bond nature of the County Clerk and Recorder,all of
6.A majority of the registered electors of the "Open Space Fund" means the County's Open paid by any other means agreed to by such Requirements.. whom are hereby authorized and directed to
County voting on the 1999 Ballot Question at the Space/Trails Fund created and maintained by Owner and the Paying Agent [ha[ does not Section 6.Delivery of Bonds and Application of prepare and execute the Bonds in accordance
November 2,1999 election voted In favor of the the County pursuant to Section 13.1.1 of the require an County to make moneys available to Bond Proceeds. Upon payment to the County of with the requirements hereof. Should any off]-
1999 Ballot Question. Charter. the Paying Agent earlier than otherwise the purchase price of the Bonds in accordance cer whose manual or facsimile signature
7.At a special election of the registered electors "Ordinance means this Ordinance, including required hereunder or increase the costs home with the Bond Purchase Agreement,the Bonds appears on the Bonds cease to be such officer
of the County held on May 2, 1989,the County any amendment or supplement hereto. by the County hereunder. All payments of the shall be delivered to or as directed by the before delivery of any Bond,such manual or fac-
'ubmitted a ballot question (the '1989 Ballot "Original Purchaser"means the Person denomi- principal of,premium,if any,and interest on the Original Purchaser and the proceeds received simile signature shall nevertheless be valid and
Question") proposing the issuance of general nated as such in a certificate of the County Bonds shall be made in lawful money of the by the County from the sale of the Bonds shall sufficient for all purposes. When the Bonds
obligation housing bonds of the County in an accepting the bid of such Original Purchaser to United Stales of America be applied as a supplemental appropriation by have been duly executed, the officers of the
aggregate principal amount not to exceed purchase the Bonds. (e) Book-Entry Registration. Notwithstanding the County as follows: County are authorized to,and shall,deliver the
$6,000,000. "Outstanding"means,as of any date,all Bonds, any other provision hereof,the Bonds shall be (a)accrued Interest,if any,on the Bonds shall Bonds to the Paying Agent for authentication.
S. A majority of the registered electors of the except the following: delivered only In bookentry form registered in be separately accounted for by the County be No Bond shall be secured by or entitled to the
County voting on the 1989 Ballot Question at the (a)Any Bond cancelled by the County or the the name of Cede&Co.as nominee of DTC,act- applied to the first payment of interest on the benefit of this Ordinance. or shall be valid or
May 2,1989 election voted in favor of the 1989 Paying Agent, or otherwise on the County's Ing as securities depository of the Bonds and Bonds; obligatory for any purpose, unless the certifi-
Ballot Question, behalf,at or before such date; do $ shall be deposited in the cafe of authentication of the Paying Agent has
9. Pursuant to the 1989 Ballot uestion and a (b)Any Bond held b or on behalf of the Count principal of premium,if any,and interest on the
Q y y' Bonds shall be paid by wire transfer to DTC; Escrow Account: been manually executed by an authorized signa-
resolution adopted by the County on September (c)Any Bond for the payment or the redemption r t fried, huwehen i[ at an time the Paying (c)$ shall be separately account- mry of the Paying Agent, The executed certitF
15, 1992, the Board issued its PRkin County, of which moneys or Defeasance Securities suffi- Agent determines,and notifies the County o h ed for by the County to pay the costs of issuing care of authentication of the Paying Agent upon
Colorado, General Obligation Housing Bonds, dent to meet all of the payment requirements of the Bonds;and any Bond shall be conclusive evidence,and the
Series 1992(the Bonds' ,In the aggregate theprincipal of,premium,if any,and interest on determination,that DTC is no longer able to act
CY (d)the remaining proceeds from the sale of the only competent evidence.that such Bond has
amount of$! 55,000 on October 14, such Bond to the date of maturil o or as,or is no longer satisfactorily perlutmmg Its
principal '8 y b duties as,securities depository for the Bonds, Bonds shall be separately accounted for by the been property authenticated and delivered here-
i992. redemption thereof,shall have Poeretdinre been ,ne'o ..A..a...-1.1 1..1 w......o,,.. ..i—al County to bav the coats of the Aiadisitfon under -
Sat7miay-&[day,Nooembei
County may-C.e^.ute,and upon the request of 148 of the Code,or would otherwise cause the tration system for the Bonds or to facilitate the the Act, the Refunding Act or the Ballot
the County,the Paying Agent shall authenticate interest on any Bond to be Includible in gross designation of a substitute securities depository Questions)by the Board or by the officers and
and deliver, subject to the provisions, limits- income for federal Income tax purposes. with respect to such a system; employees of the County directed toward the
[ions and conditions set forth herein, one or (b)Affirmative Actions. The County will at all (4)to maintain the then existing or to secure a Issuance of the Bonds for the purposes herein
more Bonds in temporary form,whether print- times do and perform all acts permitted by law higher rating of the Bonds by any nationally me- set forth are hereby ratified,approved and con-
ed,typewritten,lithographed or otherwise pro- that are necessary in Order to assure that Inter- ognized securities rating agency,or firmed.
duced,substantially in the forms of the defini. eat paid by the County on the Bonds shall not be (5) to make any other change that does not Section 29. Recording and Authentication.
tive Bonds,with appropriate omissions,varge includible in gross income for federal income materially adversely affect the Owners of the Upon adoption hereof,thin Ordinance shall be
tions and insertions,and in authorized denomi- tax purposes under the Code or any other valid Bonds. recorded In a book kept for that purpose and
nations. Until exchanged for Bands in definitive provision of law. In particular,but without limi- (b) Amendments Requiring Notice to and shall be authenticated by the signatures of the
form such Bonds in temporary form shall be Cation, the County represents, warrants and Consent of Owners. Except for amendments Chair of the Board and the Clerk to the Board.
entitled to the benefits and security of this covenants to comply with the following rules permitted by subsection(a)of this Section,this Section 30.Effective Date. This Ordinance shall
Ordinance. Upon the presentation and sureen- unless it receives an opinion of Bond Counsel Ordinance may only be amended 0)by an ordi- take effect upon the satisfaction of all require- 1
der of any Bond in temporary form,the County stating that such compliance is not necessary: nance of the County amending or supplementing ments for effectiveness contained in Section
shall,without unreasonable delay,prepare,exe- (I)gross proceeds of the Bonds and the Project this Ordinance (which, after the consents 2.8.1 of the Charter.
cute and deliver to the Paying Agent and the will not be used in a manner that will cause the required therefor,shall become a part hereof) INTRODUCED,FIRST READ,AND SET FOR
Paying Agent shall authenticate and deliver,In Bonds to be considered"private activity bonds" and(11)with the written consent of the Owners PUBLIC HEARING ON THE 15TH DAY OF NOVEM-
exchange therefor,a Bond or Bonds of the same within the meaning of the Code;UO the Bonds of at least 66 2/3%of the aggregate amount of BER,2000.
series in definitive form.Such exchange shall be are not and will not become directly or Indirect- the Bond Obligation;provided that any amend- NOTICE OF PUBLIC HEARING PUBLISHED
made by the Paying Agent without making my ly"federally guaranteed";and(ill)the County mmt that makes any of the following changes IN THE ASPEN TIMES WEEKLY ON THE 25th DAY
charge therefor to the registered owner of such will timely file an Internal Revenue Service Form with respect to arty Bond shall not be effective OF NOVEMBER,2000.
Bend in temporary form. 8038.G with respect to the Bonds,which shall without the written consent of the Owner of APPROVED AND ADOPTED AT,SECOND
Section 11.Registration of Bands in Registration contain the information required to be filed pur- such Bond:(A)a change In the maturity of such READING AND PUBLIC HEARING ON THE 6TH
Books Maintained by Paying Agent. The Paying suant to Section 149(e)of the Code. Bond; (B) a reduction of the Interest are on DAY OF DECEMBER,2000.
Agent shall maintain registration books in which (c)Tax Letter of Instructions. The County will such Bond;(C)a change in the terms of redemp- PUBLISHED AFTER ADOPTION IN THE
the ownership,transfer and exchange of Bonds comply with the Tax Letter of Instructions deliv- lion of such Bond;(D)a delay in the payment of ASPEN TIMES WEEKLY ON THE 16TH DAY OF
shall be recorded. The person in whose name end to It on the date of Issuance of the Bonds, principal of,premium,if my,or interest on such DECEMBER,2000.
any Bond shall be registered on such registra- including but not limited by the provisions of Bond;(E)a reduction of the Bond Obligation the Copies of the proposed Ordinance are available
Hart book shall be deemed to be the absolute the Tax Letter of Instructions regarding the consent of the Owmrs of which Is required for for public inspection during regular business
owner thereof for all purposes,whether or not application and Investment of Bond proceeds, an amendment to this Ordinance; or (F) the hours in the Office of the Clerk and Recorder,
payment on any Bond shall be overdue,and nei- the use of the Project, the calculations, the establishment of a priority or preference for the 530 East Main Street,-Aspen,Colorado 81611.
ther the County not the Paying Agent shall be deposits to the Rebate Account,the disburse- payment of my amount due with respect to any Phone(970)9205157 or(970)9205398.
affected by any notice or other information to ments, the Investments and the retention of other Bond over such Bond. Jeanette Jones
the contrary records described in the Tax Letter of (c) Procedure for Notifying and Obtaining Deputy Comfy Clerk
Section 12. Transfer and Exchange of Bonds. Instructions;provided that,in the event the Tax Consent of Owners.Whenever the consent of an Published in The Aspen Times Weekly on
The Bonds may be transferred or exchanged at Letter of Instructions are superseded or amend- Owner or Owners of Bonds Is required under November 25,2000.(75299-99)
the principal office of the Paying Agent in the ed by new Tax Letter of Instructions drafted by, subsection(b)of this Section,the County shall --
city identified in the definition of Paying Agent in and accompanied by an opinion of, Bond mall a notice to such Owner or Owners at their
the Section hereof entitled "Definitions," for a Counsel staling that the use of the new Tax addresses as set forth in the registration books
like aggregate principal or original principal Letter of Instructions will not cause the Interest maintained by the Paying Agent and to the
amount of Bonds of other authorized denomina- on the Bonds to become includible in gross Original Purchaser, which notice shall briefly
Lions of the same type, maturity and interest income for federal Income tax purposes, the describe the proposed amendment and state
rate,upon payment by the transferee of a trans- County will thereafter comply with the new Tax that a copy of the amendment is on file in the
fer fee,any tax or governmental charge required Letter of Instructions. office of the County for inspection. Any consent
to be paid with respect to such transfer or (d)Rebate Account There Is hereby created of any Owner of any Bond obtained with respect
exchange and any cost of printing bonds in con- the "Pitkin County Open Space/Trails Fund to an amendment shall be in writing and shall be
nection therewith. Upon surrender for transfer Series 2000 Rebate Account" (the "Rebate final and not subject to withdrawal,rescission
of any Bond, duly endorsed for transfer or Account'). The Rebate Account shall be funded or modification for a period of 60 days after it is
accompanied by an assignment duly executed pursuant to the Section hereof entitled delivered to the County unless another time
by the Owner or his or her attorney duly autho- "Investments"in the amounts and at the times period is stated for such purpose in the notice
rized in writing,the County shall execute and provided In the Tax Letter of Instructions from mailed pursuant to this subsection.
the Paying Agent shall authenticate and deliver earnings from the investment of moneys sepa- Section 21.Appointment and Duties of Paying
in the name of the transferee a new Bond. rately accounted for to pay principal of,premi- Agent. The Paying Agent identified in the
Notwithstanding any other provision hereof,the um,it any,and interest on the Bonds and mon- Section hereof entitled "Definitions" is hereby
Paying Agent shall not be required to transfer eys separately accounted for to pay costs of the appointed as paying agent,registrar and authen-
any Bond (a) which is scheduled to be Acquisition Project, from earnings on moneys ticating agent for the Bonds unless and until the
redeemed in whole or in part between the on deposit in the Rebate Account and other County removes it as such and appoints a suc-
Business Day immediately preceding the mailing legally available money.. cessor Paying Agent,in which event such suc-
of the notice of redemption and the redemption Section 17.Defeasance. Any Bond shall not be cessor shall automatically succeed to the duties
date or (b) between the Record Date for any deemed to be Outstanding hereunder if It shall of the Paying Agent hereunder and its predeces-
Interest Payment Date for such Bond and such have been paid and cancelled or if Defeasance soy shall immediately turn over all its records
Interest Payment Date. Securities shall have been deposited in trust for regarding the Bonds to such successor. The
Section 13.Replacenrent of Lost,Destroyed or the payment thereof(whether upon or prior to Paying Agent,by accepting its duties as such,
Stolen Bonds- If any Bond shall become lost, the maturity of such Bond,but if such Bond is to agrees to perform all duties and to take all
apparently destroyed, stolen or wrongfully be paid prior to maturity,the County shall have actions assigned to it hereunder in accordance
taken,it may be replaced in the form and tenor given the Paying Agent irrevocable directions to with the terms hereof.
of the lost,destroyed,stolen or taken bond and give notice of redemption as required by this Section 22. Approval of Related Documents.
the County shall execute and the Paying Agent Ordinance,or such notice shall have been given The Board hereby ratifies and approves the dis-
shail authenticate and deliver a replacement in accordance with this Ordinance). In emaput- tribution and use in connection with the offering
Bond upon the Owner furnishing,to the satis- ing the amount of the deposit described above, of the Bonds of the Preliminary Official
faction of the Paying Agent:(I)proof of owner- the County may include the maturing principal Statement in the form presented to the Board at
ship(which shall be shown by the registration of and interest to be earned on the Defeasance this meeting, the Official Notice of Bond Sale
books of the Paying Agent), (it) proof of loss, Securities. If less than all the Bonds are to be relating to the Bonds and the Notice Inviting
destruction or theft, `III) an indemnity to the defeased pursuant to this Section,the County,in Bids relating to the Bonds; authorizes and
County and the Paying Agent with respect to the its sole discretion, may select which of the directs the preparation of an Official Statement
Bond lost destroyed or taken,and(iv)payment Bonds shall be defeased. for use in connection with the sale of the Bonds
of the cost of preparing and executing the new Section 18.Events of Default. Each of the fol- in substantially the form of the Preliminary .
Bond. lowing events constitutes an Event of Default: Official Statement with such changes therein,if
Section 14.Investments. Moneys on deposit in (a)Nonpayment of Principal or Interest. Failure any,not inconsistent herewith,as are approved
the Rebate Account and any moneys held by the to make any payment of principal of or Interest by the Chair of the Board (whose signature '
Paying Agent with respect to the Bonds shall be on the Bonds when due; thereon shag constitute conclusive evidence of
invested in Permitted Investments, provided (b) Breach or Nonperformance of Duties. such approval). The Chair of the Board is here
that the investment of such moneys shall be Breach by the County of my material covenant by authorized and directed to execute The
subject to any applicable restrictions set forth set forth herein or failure by the County to per- Official Statement and the Chair of the Board,
in the Tax Letter of Instructions and the tax corn- form any material duty Imposed on it hereunder the County Clerk and Recorder or deputy and all
pliance certificate delivered by the County in and continuation of such breach or failure for a other appropriate officers and employees of the
connection with the issuance of the Bonds that period of 60 days after receipt by the Chair of County are hereby authorized and directed to
describes the County's expectations regarding the Board of written notice thereof from the execute the Escrow Agreement,an undertaking
the use and Investment of proceeds of the Paying Agent or from the Owners of at least 10% to facilitate compliance with Securities and
Bonds and other moneys and the use of the of the aggregate amount of the Bond Obligation, Exchange Commission Rule 15c2-12(17 C.F.R.§
Project Except as otherwise provided above, provided that such 60 day period shall be 240.15c242), an agreement with the Paying
earnings from the investment of moneys sepa- extended so long as the County has commenced Agent concerning the duties and obligations of
rately accounted for to pay principal of,premi- and continues a good faith effort to remedy such the Paying Agent with respect to the Bonds,an
um,if any,and interest on the Bonds and mon- breach or failure; acceptance of the bid for purchase of the Bonds
eys separately accounted for to pay costs of the (c) Bankruptcy or Receivership. An order of recommended by the Financial Advisor, a tax
Acquisition Project shall be transferred to the decree by a court of competent jurisdiction compliance certificate or similar certificate
Rebate Account in the amounts and at the limes declaring the County bankrupt under federal describing the County's expectations regarding
required to fund the Rebate Account in actor- bankruptcy law or appointing a receiver of all or the use and Investment of proceeds of the
dance with the Tax Letter of Instructions and all any material portion of the County's assets or Bonds and other moneys and the use of the
other earnings from the investment of moneys revenues is entered with the consent or acqui- Project,an Internal Revenue Service Form 8038
shall be retained in the account In which earned. escence of the County or is entered without the G with respect to the Bonds,a letter of Mine-
By adoption of this Ordinance,the Board specif- consent or acquiescence of the County but is sentations regarding custodial deposit of the
ically authorizes the Investment of moneys held not vacated, discharged or stayed within 30 Bonds with DTC and all other documents and
In Permitted Investments with a maturity date days after it is entered. certificates necessary or desirable to effectuate
later than five years from the dale of purchase. Section 19.Remedies for Events of Default. the issuance or administration of the Bonds and
Section 15. Various Findings, Determinations, (a)Remedies. Upon the occurrence and contin- the transactions contemplated hereby.
Declarations and Covenants.The Board,having uance of any Event of Default,the Owners of not Section 23.Events Occurring on Days That Are
been fully informed of and having considered all less than 25%of the aggregate amount of the Not Business Days. Except as otherwise specif-
the pertinent facts and circumstances,hereby Bond Obligation,including,without limitation,a ically provided herein with respect to a particu-
finds,determines,declares and covenants with trustee or trustees therefor, may proceed lar payment,event or action,if any payment to
the Owners of the Bonds that against the County to protect and to enforce the be made hereunder or any event or action to
(a)voter approval of the Ballot Questions was rights of the any Owners under this Ordinance occur hereunder which,but for this Section,is
obtained In accordance with all applicable pro- by mandamus, injunction or by other suit, to be made or is to occur on a day that is not a
visions of law; action or special proceedings in equity or at law, Business Day, such payment, event or action
(b)it is in the best interest of the County and its in any court of competent jurisdiction:(1)for the shall instead be made or occur on the next suc-
residents that the Bonds be authorized, sold, payment of interest on any installment of princi- ceeding day that Is a Business Day with the
Issued and delivered at the time,in the manner pal of any Bond that was not paid when due at same effect as if it was made or occurred on the
and for the purposes provided in this the interest rate borne by such Bond,(if)for the date on which it was originally scheduled to be
Ordinance; specific performance of any covenant contained made or occur.
(c)the net effective interest rate on the portion herein,(in)to enjoin any act that may be unlaw- Section 24.Ordinance Is Contract with Owners
of the Bonds attributable to the Acquisition ful or in violation of any right of any Owner of of Bonds and Ircepealable. Alter the Bonds have
Project as sold to the Original Purchaser is less any Bond,(iv)for any other proper legal or equl- been issued,this Ordinance shall be and remain
than the maximum net effective interest rate table remedy or (v) any combination of such a contract between the County and the Owners
authorized in each of the Ballot Questions; remedies or as otherwise may be authorized by of the Bonds and shall be and remain irrepeal-
(d)the proceeds of the levy made by the County applicable law;provided,however,that acceler- able until a8 amounts due with respect to the
pursuant to the Section hereof entitled"Security ation of any amount not yet due on the Bonds Bonds shall he fully paid, satisfied and do,
for Bonds"shall be annually deducted from the according to their terms shall not be an avail- charged and all other obligations of the County
proceeds authorized to be collected by the able remedy. All such proceedings at law or in with respect to the Bonds shall have been Bath,
County pursuant to the 3.75 mill levy(increased equity shall be instituted, had and maintained fled In the manner provided herein.
pursuant to the 1999 Ballot Question from the for the equal benefit of all Owners of Bonds then Section 25. Headings, Table of Contents and
2.5 mill authorized by the 1990 Ballot Question) Outstanding. Cover Page. The headings to the various sec-
authorized by the Ballot Questions; provided, (b)Failure to Pursue Remedies Not a Release; [ions and subsections to this Ordinance,and The
however that nothing contained herein is Rights Cumulative. The failure of any Owner of cover page and table of contents that appear at
intended to in any way limit the levy made by any Outstanding Bond to proceed in accordance front of this Ordinance,have been inserted sole-
the County pursuant to the Section hereof enti- with subsection (a) of this Section shall not ly for the convenience of the reader,are not a
tled"Security for Bonds." relieve the County of any liability for failure to part of this Ordinance and shall not be used in
(e)the issuance of the Bonds and all procedures perform or carry out Its duties under this any manner to interpret this Ordinance.
undertaken incident thereto are in full compli- Ordinance. Each right or privilege of any such Section 26.Severability. It is hereby expressly
ante and conformity with all applicable require Owner(or trustee therefor)is In addition and is declared that all provisions hereof and then
ments,provisions and limitations prescribed by cumulative to any other right or privilege,and application are Intended to be and are sever-
the Constitution and laws of the State and the the exercise of any right or privilege by or on able. In order to implement such intent,If any
County,including the Act,the Refunding Act and behalf of any Owner shall not be deemed a way, provision hereof or the application thereof is
the Charter,and all conditions and limitations of er of any other right or privilege of such Owner. determined by a court or administrative body to
the Act,the Refunding Act and the Charter and SeeOon 20.Amendment of Ordinance. be invalid or unenforceable,in whole or in part,
other applicable law relating to the issuance of (a)Amendments Permitted without Notice to or such determination shall not affect, impair or
the Bonds have been satisfied. Consent of Owners. The County may,without Invalidate any other provision hereof or the
Section 16.Federal Income Tax Covenants. For the consent of or notice to the Owners of the application of the provision in question to any
purposes of ensuring that the Interest on the Bonds,adopt one or more ordinances amending other situation;and if any provision hereof or
Bonds is and remains excluded from gross or supplementing this Ordinance (which ordi- the application thereof is determined by a court
income for federal income tax purposes, the nances shall thereafter become a part hereof) or administrative body to be valid or entorce-
County hereby covenants that: for any one or more or all of the following pur- able only If its application is limited,its applica-
(a)Prohibited Actions. The County will not use poses: tion shall be limited as required to most fully
or permit the use of any proceeds of the Bonds (1)to cure any ambiguity or to cure,correct or Implement its purpose.
r any other funds of the County from whatever supplement any defect or inconsistent provision Section 27.Repeal of Inconsistent Ordinances.
source derived,directly or indirectly,to acquire of this Ordinance: All ordinances,or parts thereof,that are in con-
any securities or obligations and shall not take (2)to subject to this Ordinance or pledge to the flict with this Ordinance,are hereby repealed.or permit to be taken any other action or payment of the Bonds additional revenues, Section 28, Ratification of Prior Actions. Ali
actions,which would Cause any Bond to be anproperties on Collateral; actions Per;tnfore taken(nqj IRcggxbqpgnt.with
-arhitrnoe.bond"within the meaning of Section (3)tuldatfUtute uCterminates bu leardrv,mWS IS1L.P(pY�ilVBS pt,IN`S Ulu irm6ce;,,ihe,..0ar},er,
To AMN TIME
Box E
Aspen, Colorado
PROOF OF PUBLICATION
STATE OF COLORADO)
) ss. Copy of Notice
• o-:,,. o-frvrk c;p;6%nwr,T,PI M,ifM
:nn .�;:lan4.k19/-a:•.. Dedwatbmuaod( ._
County of Pitkin ) oi.i e.nn9f• nan,mnYwnma av l.a,
_"Inent 1a tx +^' "�' xnf✓'
aswenV-
I, Mitch Bettis, do solemnly swear that I am the
Publisher of TI-M ASPEN TIMES: that the same is a weekly
newspaper printed, in, whole or in part, and published in
the County of Piddn, State of Colorado, and has a general
circulation therein; that said newspaper has been
published continuously and uninterruptedly in said
County of Pitkin, for a period of more.than fifty-two
consecutive weeks next prior to the first publication of the
annexed legal notice or advertisement; that said newspaper
has been admitted to the United States mails as second
class matter under the provisions of the Act of March 3,
1379, or any amendments thereof, and that said newspaper
is a a weekly newspaper duly qualified for publishing legal
notices and advertisements with the meaning of the lacvs of
the State of Colondo.
That the annexed legal notice or advertisement was pub-
lished in the regular and entire issue of eve y number of
said.weekly newspaper for the period of consecu-
tive insertions; and that the first publication of said notice
wa in the issue of said newspaper dated
A.D., 20 O O and that the last pub-
Lica ootice was in the issue of said newspaper
dated �. A.D., b
Subscribed and sworn to before me, a notary
public in and for the County of Pitkin, State of Colorado,
on this—� day of t'Q D.,20 W .
Notary Public
My commission expires (O.Z '�
+s
PUBLIC NOTICE the principal-'
Please take notice that the Board of County
Commissioners of Plain.County,Colorado,has ate ' -
adopted on December 6, 20K the following
Ordinance No.48-2000: e B aaoilod•
AN ORDINANCE AUTHORIZING THE ISSUANCE ty Bo Ilia p
BY PITKIN COUNTY,COLORALOOF THE PITKIN the amount of the anbmpale`o� '
COUNTY, COLORADO OMIRI 1ti1 OBLIGATION! Bonds to which such deficiency Is applicable
REFUNDING AND OPEN.$PACE.ACQUISITION and whether such Bonds will be 4eBclent as to
BONDS,SERIES 201D,IN THE AGGREGATE PRIN- principal or interest or bomb. B fte Paying
CIPAL AMOUNT OF$10.00.000 FOR THE PUR Agent has not so notified t)�;f�fy a
POSES SET FORTH IN THE BALLOT QUESTIONS least one day prior to an infra$
AUTHORIZING SUCH BONDS; PROVIDING FOR the Bond Insurer will make Payregna of Prac4
THE LEVY OF AD VALOREM PROPERTY TAXES pal or Interest due on the Bopdaonorbd00*00
FOR THE PAYMENT OF SUCH BONDS;PROVID- amount of*4 Bonds; _ first day next following the deep on which the
ING THE FORM OF SUCH BONDS AND OTHER (O $1.2alm will be used to Bond Insurer shall have meshed notix Of matt.
DETAILS WITH RESPECT TO SUCH BONDS AND Ilnatlee tie lard)eU,tha,.lee d the payment from the Paying Aged"
THE PAYMENT THEREOF; APPROVING OTHER Escrow AP{nR @E td the ,tei (it) The Paying Agart ehaB, AW
DOCUMENTS RELATING TO SUCH BONDS;AND " aRachad sX t eslilly to tf e t giving notice to the Bond Inaurts M provided hl
PROVIDING THE EFFECTIVE DATE OF THIS 444 an allocable or[bn of the raise Its-, paragraph p)of this subseclae`fC.lmb 4vdp
ORDINANCE, able to the Bond Insurer�d me-BrM
The following sections of the ordinance were 0`uufBJ yEeQ to Insurers direction,to the Sidles Trot
added or significantly changed from the first fisanca the Acgdslllon Protect and*A Vic' Company of New York,as l trustees IN
reading and prior publication of the ordinance: portion tip cbs(s Of Of Bards the Bond Insurer or any
RECITALS (other HIa-ale b 6f tJtf - aM y'qqt{pQ the trustee(the"Insurance Tons
13. Of the $10,000,000 aggregate principal fee for a verRTeatlolp ra15Or! btt 1i-df as lion books relating to the 6POd{ tlpM f ax
amount of the Bonds,E1,205,000 will be used to Esbget Id tIY4 p��Of Well the Paying Agent and all reC 4Q f,Ae
finance the Refunding Project, the fee of the $76gd0d le M to
Escrow Agent(as defined herein),the fee for the tha 1Question, is funds and accounts maagelsd Ihts
verification report attached as Exhibit A to the ' ' Ordinance and any a Paying
h
P anlWag4�td'" paatfopl[D flit,1999 (III)The Paying Agent ahaH pibvlds
Escrow Agreement(as defined herein)and of B4dn f$Pie*C _ the Bond Insurer and the wits
allocable portion of the remaining costa d (�,tba let e$gdlve X*on Nat a list of the Owners,d Bo 4 C or i may
Issuance d the Bonds,and 88,795,000 will be ppM(pn d to BOOds f Brpe(U oI ouofy any Information the Bond Insurer m
used to finance the Acquisition Perfect and an City principal d Interest ps 011169 reesaaably pones} ing that meanly for
allocable portion of the costa of issuance at the Insurer under the terms dtea'$ard bnednce the Botts wish oflkara of the
Onerfd Tel pu Policy,and shall make a 10101,ILK
Bonds(other than the fee d the Escrow Agent net d(eaWe Int7nt rni d the ldBonaea huurance Trustee(A)to�okd fin
Coup
and the lee for the verification report attached - - (i� �• to A cdgp y.Upon the Occur-'
as Exhibit A to the Escrow Agreement).of which Bamdr W " the Owners of Bonds entitled In kea4da A e rssnee d .,ang, _.dDie Bond hours,
5760,000 Is authorised to be ksued Pursuant to tom,d,� resr� partial Interest erythema gram n Bond Eq$tttOK �. .��� the county.at�:
the 1990 Ballot Question and $8,035,000 is PreSW^^ and (B) to pay prIneTr [teat tidies angry
authorized to be Issued pursuant to the 1999 dtiud �� dared to the Insurance TryateebyW40Nnered COtmfy's escenductmaceawtW d Ballot Question. 1)) 0( m Bonds entitled b receive full W pvtild princlp4T the BMWs aonobab sseuro lid$stir'
NOW,THEREFORE,BE IT ORDAINED,by rill see tM' "�f g4i Tpfa•Of said payments from the Bond In OL within 70 days of disgpMty's receipt of written
the Board of County Commfssloners of Pitkln (e) ao4 (Iv)The Paying A/alt shag.' tQR 'retiesdmtm4MW**Btmdimww prorded
County,Colorado that: Intoned Indust .• educe time It provides notice to the 8agd p� that,'If the wtaudhlg a7�19t be ewlrpllled.
Section 1. Definitions.The following terms shall tifeP!la� sum to paragraph (q of this fUMecl[gr1 Wt rntMn soap perfO4,anM eerliRd' f ha autmb
have the following meanings for purposes ofthis off"y ov jor yeast notify the Owners of Bonds Bonds WO&A to r FlYd ad an loftsq W �or e sV&4 Is began within
�
Ordinance: ""',) sgp`CMogY the payment of principal or 1n{boet-tq pit such peabd:Md 40#m* oxued
"Bond Insurer" means Ambac Assurance lire.Rryplf d 'M net from the Bond lnsurer(A)44 to the 1pct l$'siri'L w Prdybk d Granting Rlilhts or
Corporation and successor,thereto. cewa the ty touOtcegd b Beet Hinder- entitlement;(B)that the BOaglemes ttlB iai4e ru an to Bail hfaud.kdoronces to
"Original Purchaser" means US Bancorp appeadnfe'�df14w;Aat to them all or a parr of they AWaente Bond Inner .d Bond bteaora Paley
Piper lafiray Inc. 9tpROn S.'F2iSeretlfesnse Co flag, For next coming due upon IF dlN F7f /4.dF Indhedr.igh-WHO Boom - OtpeGudkrgeid-
"Preliminary Official Statement"means the unppiM 49fp as tat:, Clement to Interest paymens had totbe
Batch Following otwith ta Pay gads aBond buerace
Preliminary Official
vem Statement rekting to the /a a grdll Insurance Trusts,a form tM hoped paw4tiMaMIng any otlaar on hope n
Bonds dated November" mews
scams�r a8ar J�tat pa`o'dopq, 166. of the w Trustee,d an hoped,e� ,ells (sue. -ptpvyign Ixraol
"Refunded Bonds" means $1,165,000 In Ceatt Lkll'a i of the Owner's right to payment, the s14Mdd eroding any rights or privileges to the Bap'
5ggregate principal amount (constituting the !) 4f 4a- 71& they be entitled to met"to peytdant d,pla ��
i: and pill referencesb fors references O a
2003 through 2012 maturities)of the currently BioaYipt The Cittp(ylipf desfk cleat from the Bond Inaur�#;Bray must etura4 the gay Wmdr and the Bond alter ace Policy
outstanding Series 1992 Bonds. raeke.tifp as der their Bonds (along web W, shad be huffmt.de () wifee, on goals are
Section s.Bond Details. tlar m of instrument of assignment to arse 4
(a) Registered Form, Denominations, the Code.The ea> 'data- the asurance Tnulce to panme owllg4§Ip d CddraAog�l M f a faiue by the
Original Dated Dale and Numbering. The Bonds glee tlocead All '' opAy�t ins Bond bores to pay tlm d es 46reat
shall he issued as ally registered bonds,shall such Bonds r)be registered a the mama dice ce�,Ban to the Bond Insurance
ul Mdtfes ('coahg: Bond Insurer) for pgvmae Agent
the aayraPc4 (Bbpwnl
De dated as of an original dated dale of fat the w4ia'.Inderxa #stta'fAy Trustee,and not the PayneNativ and that POBc%
December 1,Agent
and shall re maintained by from the s4ftRAthan p No Rights
or are mf 1sto bona Ifered
the Paying Agent pursuant hereto. The Bonds c0otr0lb l ;te- should they ci entitled to monde pW` m or Veh7 to Bad Insurer
shall be issued in denominations of$5,000 In y lb4a most u principal firm Bonds
Bald buaM, lam withortg Rldb legs
principal amount or any integral multiple there C09VOW.B9t my other
and Nsls, Consent.j Oil"tdand d
r•fn"4.`� ... �i4 must surrender their Bonds far py'marrt Nfeas
of.The Bonds shall be consecutively numbered, on first to the Paying Agent,WIN ftuB role on airy other n oWf4n hexed, lip prsNdpn
beginning with the number one,preceded by the l�D1 I ses eaoun such Bonds the portion of the W W,Id fry Ile Saeeoo per
otlfes p Itaroof wanting
letter"R" er- mI ,,7beCotmly the Paying Agent and then,along es sepia etq'rl�fb es pmtlege4a eha Bond amrerroay
(b)Maturity Dates,Principal Amounts and that aegr0 rth Ifi4tBa up dal priate Instrument d a Wevi mt in kith satN- be amesdad MtBoul tlfe 841d swrBlan
Interest Rates. The Bonds shall mature on irrIX , 1Y 64 tyhae factory to the Insurance Tininess, to tie- corusd and(b)thrfkmd hma*r at my time
December 1 of the years and in the principal Codlty�stfi,q a Insurance Trustee, which wRl then peg the may, w4ka any or 4n gtj pro4blae d title
amounts,and shall bear Interest at the rates per 1BSpi aP fJh%.ol . .' unpaid portion d prncip4f. section M slier provnbh beyed'gpntle�j any
mourn(calculated based on a year of twelve 30- (v) in the event flat the fssyjpg cleft or privilepas to ter Bond barer pstma":
day months),set forth below: Imelest de�ngtf tin Mtrlbq `at 4jaMfi,Wat%Y Agent has notice that any Paytlent d principal non*or wait respect tp one or.rOora ttaneac
Maturity Principal Interest tlon's tassesempt hodfgga of or Interest on a Bond~has become Due aim or sender or for any period of tope, -
December 1 Amount Rate 8esBo0 Ptbvttia(3 reel rffl`�` damp( for Payment IN defined In the Bond lorw11109e Copies of tha a9 tent d ton ardW a ra
2001 $150,000 5.250% "outer. - Policy)and which is made to an Owner by or on available IN public Inspection In the Office of
2092 155,eoo 5.250 (a) eat by fywnrn al B'aefi for behalf of the County has beep Aeanoed'udn +der the�}and Recorder,WE Mahe y;,lsp6t,.
2003 160,000 5.250 BetdOt d1 Imurer Bach Olowk of#dy enlist transfer and theretddre. Ttadr
2004 170.000 5,250 Bad, its Pdrehpse of moh IfpdM, .,Se its Owner pursuant to the U states Colorado.pbone'98Bg18g;dtrleg-rynar-basp
2005 175,000 5.250 the haunt an the rid as Bankruptcy Code by a trustee to belptnif cy In pubfidexi In mess Yaws'
2006 185,000 5.250 contained In tBb Section*Ady' le accordance with the final,nonap0i"lt order The Aeaen Tan nacemDec �'
2007 195,010 5.250 stet 'gragtpd bX aJf((,afllar , of a court hating Crom�.Ybe
2006 205,000 5.250 hreolto a Ituoees ja4a acbndlti h to,aria Paying Agent shall,at the[hoe the Both keurer -
2009 - 215.400 5.250 In eau, [ion lot,the Bikadid a daBeedy Is notified pursuant to paragraph 0)cf the sub-
2010 225,000 5.250 !iAlhs l ri. section(g),notify all Owners d Bone ftt.7n
2011 235,000 5.250 (V the event that any Owners I$W arcOL-
2012 255,000 5.250 Dennis The Bond ttihm shelf be ered, such Owner will be enfili d to payment
2013 255,000 5.250 delh'yredW. 'dtheRatd'fprif pur- from the Bond Insurer to the ben of such
2014 270,000 5.250 poles Oilier of"- of recovery if sufficient funds, ore not o0powlse
. 201s 295,000 5.250 pnletpdd,lrePti _ Ills available,and the PayingAgent SW hsNah to
2016 305,ODO 5.250 the'RmyQ IMo(4r to the Bond Insurer Its records cNdMcdl(aibepay-
2017 320,000 5.250 eaerate, tjggjs of th of the Owittt e Bonds, ments of principal of and.mternt on to Bonds
2018 340,000 5250 rrcabt tife 4dlreceluiSlkt+raps Of which which have been made by the:Paying Agent and
2019 360,000 5.250 - pad daagt pptl RdalaEan the�rtws• subsequently recovered from Ownrs and the
2020 380,000 5.300 77nese dthe$prld BtBttvlt kle,?sut are dates on which such payments were made.
2025 2,230,BW 5.375 net t (vi) In addition to those Holds
2030 ` 2,940,000 5.375 - sea d - Bt4 granted the Bond Insurer under this Ordinance,
Section 4. Redemption of Bonds Prior to Sectors (ll) the Bond Insurer shall,to rho extent It Ipww
Maturity. [her rtfO4ippWt.. ubtledm`fD;tae'idndNd payment of principal of or ateest ontirBwds,
(a) Optional Redemption. The Bonds the a'aying Ayebt or:opJeft"to tile-4ppdnmrnt become subrogated to the rights d tfe reci(H-
maturing on and before December 1,2010,are d a successor Paying Agra Pfwrasnf m tine puts of such payments In accordance with The
not subject to redemption prior to their respec- 9emlon bared estlted"Aeyglnmmt tfo40fµsfs terms of the Bond Insurance Polley,aid to evf-
tive maturity dates.The Bonds maturing on and of Peyleg Agent OICI the ii%*ro Rana to an dence such subrogation(A)in the,ode d
after December 1,2011,are subject to redemp- awapdpred , OBI p sdr rogation as to claims for pW due hdasof[�
tion prior to maturity at the option of the Paying Agent shall note the Bond 8
County In whole or in part in integral multiples - a rights as subee on the regWrauto du
of$5,000,and if in part in such order of mature vote as pro the BontJy Iq fp► relating to the Bonds maatsapd by tee Paykfg
Has as the County shall determine and by lot tkNl, o lhplYdf' yrt Agent upon receipt from t- Bad InMrer of
within a maturity,on December 1,2010,and on to the ty or with to stay pion proof of the payment oI lMgoq to to
any date thereafter,at a redemption price equal reorgansal�or Ilq rdatleg to the Owners of the Bonds,and(3)kite dsddi
to the principal amount of the Series 2000 Bonds ,rd( any~ I NOW, rogation as to claims for putdiss the
to be redeemed(with no redemption premium). t Ise, 1p or contra) of Om; Paying Agent shall note the Bond ma's
plus accrued Interest to the redemption date. beleaCd the Owners. rights as subrogee on fha reWBaika bnirka
(b)Mandatory Sinking Fund Redemption. W gg�of the BOrd Idsapar* relating to the Bonds maintained by the Paying'
The Bonds maturing on December 1,2025 are Paypsef el 11 pal or IfBaa Agent upon surrender of the Bonds by the
subject to mandatory sinking fund redemption Bond Itquer'pays The Owners thereof together o efonf dibe pay-
by lot on December 1 of the years and in the due on goy BOad p W the gOnd ment of principal thereat"•
principal mounts specified below,at aredemp bmwmm policy,ttitlf,'1ldaae and mar Bond (g)Information to be Provided to the Bond
Bon price equal to the principal amount thereof .rims IN,beep eemban4W Nr the amount so Insurer.
(with no redemption premium), plus accrued fed by It (0 The County shag deliver to The
Interest to the redemption date: - theBojrd, iwlbe Wpm. Bond Insurer's general commis
Mandatory Sinking Fund Redemption Schedule k f� (A)notice
For Bonds Maturing December 1,2025 upon determining that the
Years Principal Oath to payments prwiMr.and deposited with the Paying to
Amount Internet onsueh Bond: subsection UB of the Section IeIeOP
2021 $400,000 such Bon tmtwdrfg9jiE "Security for the Bonds"are budtttonl e
2022 420,000 kq'tied d, 'IN.gr,Sstica any payment of principal d o'aterer OO
2023 445,000 hersd eotitlg - remain Bonds; -
2024 470,WO Ou1N4i, ,.J'mF e .., Rand (B)gotfca
2025(maturity)aBond ring o0 - a0t �s tome upon Me occurrence of aO tM1'rd vide
The Banda maturing on December t,2030 trs wdh resPalg' tM' (C)notice of the failure othe Courtly to provide
are subject to mandatory sinking fund redemp- ��D�or any notice or certificate required to IN
Bon by let on December I of the years and in the wdtaif 1ha Bond Insurer$YitaOpW ece4ink and by the County hereunder.
principal amounts specified below,at a redemp- (tilt the pfedgtl d me feYYnetf and (11)The County.abed 4eftye4 to the
[Ion price equal to the principal amount thereof credit of fha County•Wrsu4nl to file Secltm Bond Insurer's surveillmee deparbhent
(with no redemption premium), plus seemed hereof rtlBle4'SNeargy IN Ifie Bomb for the (A) within A re epon-
Interest to the redemption date: ,pmegl oi such Bond and ill nitdydlau4 atom able period following the date the acme le peMv-
Mandatory Sinking Fund Redemption Schedule County to the Owners of the g0lneehaRcome, ered to any nationally ractrptred nun(dpd
For Bonds Maturing December 1,2030 we to t>(d seBalldl no to tea lei Sae securities information repndtoll4 all drtpeeid
Years Principal Bond insurers - Information,operating deft had WtION mdthe
Amount ( Bond, 1nWrer as '$ftrl Party: County delivers pursuant to awr cos, _"i s-
2026 $525,ODO B TO lbe.V$k8 Md this owwwM closure undertaking relat�to the Bond!I:
2027 555,000 coolon lob;vksM s fp�B Bond (� wRhin a poison,
2028 595,000 IMeOt,@ FMB a.» War by able period following a wTUtm �rJ(Jha
2029 620,000 Sol �; bpse,r Bond Insurer,am additions!
2030(maturity) 655,001) herby r�RCBIy recogdesa oo' 4 ing the County,of the BOnds� the
Section S.Escrow Account. The County hereby petty brrttciYtY hrrOndtM"a 4, l tree Bond Insurer;and
creates the"Pitkln County Series 2000 Escrow any rGeh rlgM temedp o<,cBlRbl�d;o etn_ (C)my notice
Account"(the"Escrow Account'). The Escrow s RanIN nder. to be delivered to the Owners d tha a
Account shall be maintained In accordance with (a)Adverse Effect on Rights of Owners. In under this Ordinance.
the provisions hereof and of the Escrow drerminrn g whether rl _ @)Access to Boob and RSOadif Belshng
Agreement. - to the Bonds. The County and the pgdeg Agent
Section 6.Delivery of Bonds and Application of d 'DrdbinmC shall permit the Bond Insurer to best ecdeai to
Bond Proceeds. Upon payment to the County of the fdpapt on the Qwnem ahaBbe considered as and to make Copies of all books and xeords
the purchase price of the Bonds in accordance fit 068Olkf;Insistence Puaey. relating to the Bonds at aft t�aC
with the Official Bid Form delivered by the (O payment' Procafure I LAN Bond BON.
Original Purchaser for purchase of the Bonds, losurance Policy. The Paying Aped and the U)ntscnssl pe with (;panty.
the Bonds shall be delivered to or as directed by Canty shalt comply with an falWAM The County anal.perms thandltd step of the
the Original Purchaser and the proceeds star o �Baa. cuss the alfalrs, firuntts and attouna of the
tagsrdi 8 P,aym�me under,tlle BMW
received the County from the sale of the Ine_unanr4 0
Bonds shall
be applied as supplemental seer, Al
portion by the County follows:
Re'aefyl Date,1pe A{®t wIB
(a)accrued interest,
ft. any,on the Bonds �4 weather tare lrre born sudeieot
shall be separately the
accounted
d for by the County hods d� �ny lay Ws
be applied to the first payment of Interest on the Condy opoice pay
Bondi tiered enlitied dSecurey for the Bans.e to pay
@) c .11 shall be deposited in the -
Escrow Account;
(c) the County
shall be separately account-
ed for by the County to pay the Cosa of issuing _
ado TH:
AnxTIMM'
Box
Aspen, Colorado
PROOF OF PUBLICATION
STATE OF COLORADO )
) SS. Copy of Notice
PUBLIC NOTICE the folfovrtg
NDnCEOF PFBIIC HEARING - a t Propm6r to affected by the
County of Pitkin ) PLEASE TAM NOTICE:The the.Bond of Moderate d te2dm%deseloPmant
County CommWHnners of-PKIdn C nm1•ba'permBmd Y^W haased: be ads•
Colorado,willrnnedartha folfowmB Odmerce gnaW9 tithe nafe o 4ueet 3ofehg1etY Phu•,
at the Bourne or meetmg a Dft er n the
rorrll to to eewMOsl Part 3 of mthi sectlan.
I, Mitch Bettis, do solemnly swear that I am the 2600�apP business allows--� th; ° � a
Publisher of THE ASPEN TIMES: that the same is a weekly st wom.P� 0 E ueet,A b � �
newspaper printed, in, whole or in part, and published in Ikmay andhaheW opened mymeasuresmeasuresdh" trm measures to
the County of Pitkin, State of Colorado, and has a general BO Y �me�o?�o p'
ffle°eo
circulation therein; that said newspaper has been AMENDQ4G SeCt10N scow, cEa ocic LIAz e.It the Bond Bob the other hazards
published continuously and uninterruptedly in said CODEoFTIE Prnceq coUNrrwrouse pow nmm onastopnetIndiaM wwa
County of Pitkin, for a period of more than fifty-two 1. Pbe Devel Development,g Avalanche Zone the Board mty,mien dimes.
upe LLC (Applicant-) non,Qsirc aMovatto ouch project subject to
consecutive weeks next prior to the first publication of the requested that to Board of County o9mpoan wl&tm mltlption"Who"ape<4
Commisslmen d,of Flom, County, Colorado red In 301 Bllo.aertbo.
annexed legal notice or advertisement; that said newspaper ('BOCC")em6def an amendment to section 3. ' d.If a OWd MM proleat located wlotn'
has been admitted to the United States mails as second dtheLandwecodeCCode''ceologic the Moderate xrw.wwm ener`eels°mlea'
Hazard Aron,to allow limited road and drWs an appffcant'ntiy eaftet donutm dMOBemd.
class matter under the provisions of the Act of March 3, way lmpoeammte onslopu inamns of30%B sa I,a ntlofipWttaw
1879, or any amendments thereof, and that said newspaper 2.Th rddn Coety unetelanning and Zmmg i ea.nmd�uw eaea the
is a a weekly newspaper duly qualified for publishinn the development
g legal amendissions ment at considered�u�ieetingccode, application shml Incorporate wabache hazard
notices and advertisements with the meaning of the laws of October 3,2000,and recommender approval by Mitigationpunrat u to Part 3 of this.secuon.
a vote of 3.
the State of Colorado. 3. The BOOCCC considered the proposed code ►Development d"be restricted to the.
amendment a a duty noticed public hearing on least hasmdmm men of a project she.
November'15,2B9d;and voted to approve the b, if-structural avalanche defenses are
That the annexed Legal notice or advertisement was pub- proposed amendment on first reading• required to protect people or structures,they
g P 4.The BOCG adopted the proposed amendment stood be de signed
bya ot�engineer to with
fished in the regular and entire issue of every number of onsecmdreadmgon December G 200D.
3. The BOCC(urlbe:finds that the proposed 6_Clea,wt or. otter large scale
said weekly newspaper for the period of V _consecu- code amendment i lstem with the appuce, removal
had o, particularly
a�ty within
bk provisions of Me code. hS.prohlbit-
tive insertions;and that the first publication of said notice Noar Tim BE IT ORDAR4ED by ad.
w s in the issue of said newspaper dated the BOCC that t hereby ameshTitleHofthe ud.Extraction
� operations no pomwted
Plttln County Coda.the load lie Code as Lot. vrlthm a boom zones dupV the wlo-
1-� A.D., 20 W and that the last pub- Iowsin Attachment A. nr time Is an 4Vroved program of
lication of said notice was in the issue of said er newsP aP NOTICE OF PUBLIC HEARING published in cmgeoisdl dhtmse maaauma.
the Aspen Thios Nice* on the _day o(. --6, bases or"papas nosy g harr&
dated "taQ . 2'5 A.D., 20 60 20 te�i�ss. e it POIN,M
INTRODUCED AND FIRST READ AT A PIB• towel flow suape en tens_:
IIC HEARING on:the I3th day of November, a spgas N
.slrsg pa protected by umua
2000• t avalanche diversion ethod Of
APFAOWD�AND ADOPTED ALTER SEC- m protection .
C
OND READING anthe&t do'of December,, 01111moda ndoaded for "Mails we oMlt/\ l `DILp //. /(�•`�' 2000. avoid WAINKlIe bOEWSeas.E the Board Botle
PUBLISHED AFTER ADOPTION In the tpL.t'It dit possible to emahuct a road yam
Aspen Timm Waiddy on the_day of aydds 1110 or moderate avalaneJm heserd
2pW THIS ORDINANCE SHALL BECOME EFPEC. ate.thm the Bond miffropmend atoo soli
Subscribed and sworn to before me, a notaryI6dtoa><e"IficmtlgnM methods ROda
THE 30 DAYS AFTERFtRtICAT10N FO1JAR7NG' which muse crude houndeus Anne shelf be.
public in and for the Co ty of itkin, State of Colorado, cow BY TfE BOARD OF COUNTY designed to Book exposure and utilize avalanche
on this Jtl day of Ovl A.D., 20�_. ATEVCHMENTA � �"c�`t a 1s.Wh etthe win °lies,
n REPEAL AND REENACT SECTION 3eouso AS �eo aroad propposed development
velop re the crossed
../ FOLLOWS: - annotene a �.be'
B1 FIDF1 8i00E8' GEOLOGIC HAZARD required:
AIleAS g.'Warmrg does dug be placed ab,g
Notary Pub "C This sectlm Kewanee.development commonly traveled winter made and treHa
dards appffohle-to specific gehlogle hazard which croon avalancheleaard came.
My commission expires��1 lob-0 2, s� addition ro me general standards In 4,. Property owners who develop in
anMacho areas or obtain driveway .occur
A.Avalanche Areas through awlmune,aree.due boor the ousts of
1. High Hazard Avalanche Zone: any avainene eonhel eheaems tlm may be
Is blted when rap Heat required to retigmethe bard.
Avalanche zonas..in the event thin time In an e.Landslide Amu: Development is pm.
High Fluard4rae area on a site and a develop hibtd within landslide.Anao.mtheen, that
., anent applkatbn.:Is subuqumtly deoled, an throe t m M:ardfineaaon a die and edevsi•
APPUC"mtl�p�akthe Amlsi u the Boar6 of opulent application k sndsegue dy dented,an
County Coauntabruea pmensnt m 9eetbn 3. ap@Ikant may appeal the denial to the Boat of
290 of NU Carla Ilan of a project denW County CommWlonm Forward to Section 3.
is granted py thq the development 290 of tds code.lf an.appeal u ground by the..
application None facorpgrate hwt mitlgsdon Board and development Is permitted,an appll.
according to the fRmnduts In Part 3 of this ono- Milan shelf be reviewed:according to the fe4
lasing standards:-
1.hanne strict adherence to recommend.
ad design cauhuobn and aumenance Prot»
�o appmved rby9natBed Professional geolo-
-�. 2. Avoid adding water to the site that
would comes decreased'oniefti ,
3.;Gadd removing the toe of the aide with
and adeftrae aucheacdupport
4.Avoid
top oftuatdI o the wnt load on the
and:S.Avoid removing vegetation tyuthe site:
the allele� the existing slope of
'pmlibleal-an songm.
greater than fitesn percent(15%)union a spa
cdk development Proposal Is found to result in
a she design that croon Buse Impact than it the,
deeMpmmt was limited eulush*to sbpu
that ma developmentProposal
o saed%).Idgmpea in '
excess d Afteep h cent(15 )or 9 udops in
meet site y c percent pea%)or r e develop.
which aaed! Wus31v%tl)ydeep thud
devekPmmt MWi M hrM an a detailed site
analysis, mending.geologic and engineering
sndlea to Identity the best development area
based on the"owing Wonleratlom:
__..�. ram-
te- roust.. jtggya.ea and..
tW�
!i a
MISS
Wert_�
L IYiIfY�ililr�NiW6Yf. ;y yip.,
' k +amarnwim..m m4hgBad wltElo..
NadlfagAwa:Ovtfts wsltYt WtygYnh)ypn_
mdkaa�art q Nsa tM a a0i1�.
pWgaa ICeY Ma for,
CC11llMim t fo p 00"
pawte,lBl.tka,ll1nM and
e4FSW bng onto MF ..kNildei..age-.
b flahr be parmlttpA R,dea6P and met mem.
ehwolmb esWlYYratidoti and
scow tpMawdya quWBedPW W gaeF
agbt q,agglq�a and.Wut nonwoven,
W91aed......
Cdude bu S elt hatew tm,mimti .may.
mchde but me not iletlted ra.... .
a.Adequate meclnw a supper.�,•,,•,� hw. M 401 of wobblee.
° b.Addky wat�otiflth May decrease dope � � ILerNMaGayoad rctalo-
embllkys6Wbeambided. Zl or dbmtiog the mpWuo!Deis
c.Addq wepit m the of Me snipe bpand famWactemmy,ch.meyagmd dome
mea d ortlelot. l0�i mmt be cmtomed w w by canoe,bmrtme ar cowed gWwsM
thattlgytmi beorw"gmud. kU lqq d barriers arotmd,aebeubk
b..9mapanMg at ado"slopes mW be dtrucaves;tend
•aolded. awesOFalodlcatslmmsocaet Wtl®ton m�
f Cm"*cath w pool"and exc v IL Not h"aese watw guppy to tlms w
too v We mMeam ama needed far Coaomin oyedianga.. _
tlm: C.Net temve PnrtedlVe VgptMI n.
2• DevelDD'amedt is Pam.as Soho St.Hat add weWM w.GdWwoe disturb
gmrw dw tJMrty pwcmK�).Reef a P-
o
mllt.hmeloI I Lb Nat nmhe my suawtbos Wet riiove
w swelidea for M}im Change In Sep undwbbg toll
-
Uowdbpurit may be idlawt�mi m Lnd,that f. Not lacrawemwm that ramgve;d
have a sle"As eacee M.thirty percem';(90'%)
wbmmeao"*40fo ofaBlow B.AWMglam
larval w mmeidedlatdetadne gramom d a t,ki the want them is ea am adegwm
cooeauces d oM puvMadthe follow"00 hntmdltee Swam•ohe.landnew miry;.
rims are ant
wmMctvbpbtlly'-:7hs op* OMPMOdadOn bBe bead IPoa a oft wftkwbm and roc
r nt ammtmtrw.wtlm W ast"a's powA w- cow «�qusOBed promaooasl enp
bmMyo peome to bftb wfWuae and Is,lie pepkened bycbanadW%damming
thm tim propmd ivow"Mat will non move or gamtkigpopWd mW or dslrh Bowe utllW
gmdw hmtiAKy'or taciaae the pomntd-or Ing anglmpft#Mx�Wgr�wetby a qudgW qok►
2 Campgmce with t)Ww BepltmlwrPim s�Ye w mdl wince o fhe drainage
Mon develaPaiet an MJ{Sq.abae,ihnf"Undoesaq iemiidthe.
siopemewgasMMwdrpmcemA07sJ-eaasna emwaee[[m Vum"am Wyol. ion dh"vvs
b,cro nt-elsum, mob mikft<w�vww that dWbwk,na 4 mwepWWe.,.
mftMd wMi ogr'
impmtsi w coa el theM F.Ta1"s
pobtle w sumdmlrnM t Itod the Coft..... k In tip ewo these mnoE an Wequine
With elope mny"Pmte"t (*%), s
aodlar-tM dawkpmml ptoporad dome cot. C mdpepie s
leer mpuuen
neendlebel
eompy with the'ar8eta ad 9eetion & amtity any k4tW41sand w�nttraWM Bible.
g0:1WC)(2)(a)idemwihtedwilm� 11�ad.aummemce miswas APPgved-
bevdopmmtlwtectd',and adevdapmav= by apiimWjwjgeood pot%*w eedoew
CaOmieawheplmetydmydrm ayplem now, and the County WYwd, _.
pe 0m**BasedofComy6amWa for IAealp,deveopmeass to wbhstmd
consideration porswoM t.RNon&M plthtr ci—A a mwamopt.
Code.IF an apposite pointed by the Boned and 3 Sony tomdstlaw and utWAN In Ww .
Nidk,, Itp+wmviMtl ate4ttlltlg ss9Ae a slopeA'dMoinilmelm dhhubageetntaken sbpe
�o ageeSenDo cot mnww Zttoe a a
wend ae...r yiw�wre• �g wl1bM Vvvlding yd tanlcal
equele medaNDe
gffBYlg k a11hM pat. ,
0.fWap*WWI DftvWPWAW wkWn a
deolpmmwsdmkcooneery RSWX M S
t. "@mw" weetricYaned bym tali
dad"�a�si00gedo�s wmigoaeenddWe
loci Com2 Bound uPG t
�* opmei2pnr'ogde�itl1d�m dope stabMty and h
SweU
sire And to pewde"dagiimamwiese
; ..
.lam durfaai not to"
ton ro w
f bed mains K is4eeawbped tltN Wee wS be
no
fffaults in the event time is am a hen
and fete aantaiM 0 aft lend uses a"baMb.
rataadegMaarntWgpaep meaydy.JatpaNnd
byagaa9mfamimyd eopwaageoopp
andappm"ObytlmCamlyc
L 6r®apka Sow and Bwh.fimdt dmroF
opimm mom moon"' At""PliIrar khsw opq
and rod upup.Ceumy eppmRe(,.WmmglmarndjY
foundalm and fbw;tgpmnts desipw.
development oft isramvrtr®d a of
mo(11wata iLMl[Wy hantadom am w Pw-
mit gswlopmipt BQmIMpWagadundonytg.
bllirmm aedmimmiantt pmm/oadurmor�pprpyed:..
. mid by quaBOed
Raledmalg (ndnr o3,,�,��Ipa$S-atr ateMad.
duo r7L A4�oded,.W/Z4N907) .:
traits m land _ w held In iavaaet by.4
Public w.no9p!eM.tiaotY eta be#Wlaetta
1041 savtew,ba d"bemimps Yom,*,A ..
- dardalbe#Som omatiadmopgMtmi.lie,'
WWAA gWdpt*f WOW be adgaateaoy
tagttBmbk;tttgdaWaa ul-wa Cci and
a•cow Yes N d.p blw*w"Aft..
pmnniiaM Pa':+ttlbmgk baM W "Intl,
wmW abMetaWUpim ammad Wert to
hmarMeaa emdwia;aim a waaen W
tic
cos kpiq •ad a TheC041* ..
PIO cods �a4000 �oomgms, cwpid tc':
eon Mention a alld,b•amb;eetdWaas a
lebabBMam meam W
den UpeoVe ,& Wea Od
Imd&
N.A 000+ssvpeYrsd,P*C,tow pals;
Ripe Renew, MWomill me ft b"to tp,P W�-
be" d :In'awrylm ti Mapd�baw$W
� be" WdY,¢r p prppwty elm b gatdepc ..
c. NoWe tr4Wb# W aveW avY�ebr-Retard
mad.
CoPtg a ipdApaeaiFBihoie Sae awBabls
f lioioed►y i e61dW i h
! 2a e
,. Jwrlfa f
am �:awt
IN The Aii1mne,m Ne"mbw 25,2M(sn
,
TRZ AMN Timm
Box E
Aspen, Colorado UC Jai 3 .
PROOF OF PUBLICATION
STATE OF COLORADO )
) ss. Copy of Notice
County of Fitkin
PIFA4E TAKENOTICE Tlut the Board of
Caung Co Us reelanen of Pnkln County,
Cylorado,u W regale neMiryl on Baeeebv 6,:
r, Mitch Bettis, do solemnly swear that I am the xobo,.na&it a deyr oyead public baring
Publisher of THE ASPEN I TIMES: that the same is a wee. �+�oe Bo arroa
cov o°rny coM.
newspaper printed, in, whole or in part, and published in AWAWG OF
M LOGE HA ,
the County of Pitidn, State of Colorado, and has a general AM�OF THE PMONCOONWWM USEcirculation therein; that said newspaper has been COttto/Pubik Having pubWhed in 7Te Aspen
published continuously and uninterruptedly in said °" tle ktlq °t "w 2v xgoB.
l.
County of Pitkin, fora period of more than fifty-two abileeforpbemBteew`be°ringreg ar ofte
public WPehe Ci during regular r,SM
y- hour In the oMttof cu C7erkandR Mentz.consecutive weeks next prior to the first publication of the e.Main se.,Aspen.Cok.do 8lgu, pb��fB70)
annexed legal notice or advertisement; that said newspaper rM181). Jeanette Jura,
has been admitted to the United States mails as second Deputy County Clark
class matter under the provisions of the Act of ilvfarch 3, PublM1hedIn The ABPaTlvesmDecemberIC,
z000.(75agq
IM, or any amendments thereof, and that said newspaper
is a a weekly newspaper duly qualified for publishing legal
notices and advertisements with the meaning of the laces of
the State of Colorado.
That the annexed legal notice or advertisement was pub-
lished in the regular and entire issue of every number of
said.weekly newspaper for the period of 1_consecu-
tive insertions;and that the first publication of said notice
was in the issue of said newspaper dated
A.D., 20 Q and that the last pub-
lic on said notice was in the issue of said newspaper
dated L �_A.D., 20 �.
Subscribed and sworn to before me, a notary
public in and for the County of Pitkin, State of Colorado,
on this day of gQE e.E A .,20 Eon
Notary Pub c
My commission expires ILL - O—
THr AMN TIME ;
. ) Fo
Box
Aspen, Colorado
PROOF OF PUBLICATION
STATE OF COLORADO )
) ss. Copy of Notice
County of Fitkin ) PIRRJC NOTICE
PLEASE TAKE NOTICE: That the Board of
County Connnlsslonero bf PRtln County,
Colorado,9 Its regulat meeNaB on December 6,
I, Mitch Bettis, do solemnly swear that I am the zfioo,and aRer a dwy-0nde d publk hearing,
Publisher of THE ASPEN TIMES: that the same is a weekly ORDB4ICE�OF�T �of CO 1NTY
newspaper printed, in, whole or in part, and published in s PrrIDN COUNTY, COL
the County of Pitkin, State of Colorado, and has a general PnM coumv LAND use"CO E secrroN i
19mo, FULLY DEVELOPED LAND SUBDNI-
circulation therein; that said newspaper has been SIONS
published continuous) d uninterruptedly said Nottoe of Public Hearing published in The Aspen
Y an un erru P Y in 71111es on the 4th day of November.2000. .
County of Pitkin, for a period of more than fifty-two CoD es of thefu6testoftheOnllnmrceateaval-
aDk for public office
of t Inspection during regular,like consecutive weeks next prior to the first publication of the hours m office the of the Clerk and Recorder.530
annexed legal notice or advertisement; that said newspaper 9InSL,Aspen,Colorado E1611. Phone.(970)
has been admitted to the United States mails as second Jeanette Jon"
class matter under the provisions of the Act of March 3, PubibhelmThe As Deputy County Clerk
p Published
(Ted in pen n. pn December 16,
1879, or any amendments thereof, and that said newspaper
is a a weekly newspaper duly qualified for publishing legal
notices and advertisements with the meaning of the laws of
the State of Colorado.
That the annexed legal notice or advertisement was pub-
lished in the regular and entire issue of every number of
said weekly newspaper for the period of V_consecu-
tive insertions; and that the first publication of said notice
w th issue of said newspaper dated
s 1n e
A.D., 20 OQ and that the last pub-
li tiotice was n the issue of said newspaper
dated )k A.D., 20_InO .
Subscribed and sworn to before me, a notary
public in and for the County of Pitkin, State of Colorado,
on this day of e A D., 20�i
Notary Pub 'c �
My commission expiresl bn